Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 25---Appreciation of evidence---Recovery had been effected from one of the rooms of the house of co-accused in his absence---Said recovery was effected in presence of two Mashirs, but prosecution had not examined one of the said Mashirs---Police Inspector had admitted that on both sides of house of co-accused from where recovery was effected, there were number of houses, but he did not call any person from public when he conducted raid on the house of accused---Trial Court had misread evidence by overlooking the fact that recovery of heroin had not been effected on the pointation of accused from the room of the house owned by co-accused---Besides accused, other persons were also living in the house in question---Room from where recovery was effected, was not bed room of the accused---Unless recovery was effected from possession of accused and was proved beyond reasonable doubt, he could not be convicted---Material available on record had shown that matrimonial dispute existed between the friend of Investigation Officer and accused--Locality in which raided house was located was thickly-populated area, but no private independent Mashir of the area was made witness of recovery---Provisions of S.103, Cr.P.C. though were inapplicable to Control of Narcotic Substances Act, 1997, but still S.25 of said Act, did not debar Anti-Narcotic Force Police from effecting recovery in presence of independent private witnesses, when they had prior knowledge of such raid in a house in the day time which was populated---Mere presence of accused in the house at the time of raid, which otherwise was natural as she being female, was expected to be in the house of her husband, would not make her liable to conviction, moreso, when prosecution story did not suggest that accused was involved in the business of sale of heroin---Impugned was passed on assumptions of facts and accused at no point of time was in exclusive possession of bedroom from where heroin was recovered nor prosecution had proved that accused was in knowledge that heroin powder was lying in the said room---Co-accused had been acquitted---Appeal…

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