Law: Control of Narcotic Substances Act, 1997

Section: 9(1)(c)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(1)(c)--Charas 2360 grams--Site plan--Delay in sending samples for 4-days--Call Data Records (CDRs) of police officials--Acquittal of--Petitioner having a blue colour polythene bag in her possession search of which led to recovery of two pieces of chars, one weighing 1260 grams and another 1100 grams--Site plan reveals that place of occurrence is open and visible from a considerable distance--It is not petitioner upon noticing arrival of police officials, made any attempt of flee or to dispose of contraband in nearby canal--Site plan is silent with regard to presence of any customer and presence or positioning of seizing officer, any accompanying police officials, or witness to alleged recovery proceedings--Samples were dispatched for chemical analysis to PFSA, after a delay of 4 days--Possibility of tampering, substitution, or contamination of seized narcotics cannot be excluded--The petitioner has brought on record Call Data Records (CDRs) of seizing officer SI, and Lady Constable (PW-1), which were not effectively rebutted by prosecution--Mobile device attributed to PW-1 was located far away from place of occurrence--Mere denial by said prosecution witnesses that their mobile phones were not in their possession at material time, unsupported by any corroborative evidence such as production of a second SIM, mobile swap record, or any logical explanation, does not suffice to rebut documentary evidence produced by petitioner--Statement recorded under section 342 Cr.P.C, petitioner has categorically stated that she was apprehended by police from her residence a day prior to registration of instant FIR--According to petitioner, in aforesaid case 12 gold earrings and a koka (nose ornament) were forcibly removed from her person by police but were neither reflected in recovery memo nor in written complaint--Said gold ornaments were subsequently handed over to her husband--There is a reasonable possibility that defence put forward by accused might be true--Petition is converted into an appeal and is allowed--Petitioner is acquitted.…