Law: Control of Narcotic Substances Act, 1997

Section: 9(c) & 21

(a) Control of Narcotic Substances Act (XXV of 1997)-------Ss. 9(c) & 21---Appreciation of evidence---Mashirs and all prosecution witnesses had made improvements in their statements recorded by the Court as against the F.I.R. and those recorded under 5.161, Cr.P.C. on material aspects of the case---Such improvements and contradictions could not betaken lightly and evidence of said Mashirs and witnesses would require strong acid independent corroboration--�More than 65 persons having been alleged to be available in the room at the time when raiding party entered in said room, then individual liability of physical possession of articles lying on, table in said room could not be fixed on any particular person---Nobody was caught from those persons who ran away from the room---Mere presence in the room would not be enough to connect accused with physical possession of narcotics lying on the table in the room, unless a positive evidence was led that room belonged to those persons or that they were in its constructive possession or they were holding or removing bundles, but no such evidence had been led by prosecution --- Charas received by Chemical Analyzer as sample, was not tallying with number of slabs of Charas sent by prosecution as per details given by Mashir --- Remaining two witnesses did not disclose number of slabs available in packets--�Doubt, in circumstances had been created about samples of Charas sent to the Chemical Analyzer---Prosecution did not care to collect sample from Chemical Analyzer and to produce in the Court---Valuable piece of evidence in circumstances was withheld by prosecution which had adversely affected the prosecution story---Complainant police officer, despite having ample opportunity and time to have obtained search warrant from the Court of Magistrate to conduct raid and search room concerned; failed to obtain such warrant---Complainant, in circumstances had clearly violated provision of S.21 of Control of Narcotic Substances Act, 1997---Non-compliance of S. 21 of Control of Narcotic Substances Act, 1997, though would not by itself vitiate trial and search warrant and same could be dispensed with in exceptional cases in…