Law:

Section:

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Appreciation of evidence---Benefit of doubt---Accused was found standing near the driver side of the pick up from which Charas was recovered---Accused could only be saddled with the liability of the offence when his possession and control over the vehicle was established by the prosecution---Prosecution had failed to establish accused's possession and control over the vehicle, because accused was not sitting in the vehicle---By merely standing beside the vehicle, would not establish his possession and control over the vehicle---Since the Charas was found from the vehicle pertaining to medicine supplier company, Investigating Officer was duty bound, either to implicate the responsible officials of that company as co-accused in the offence or at least he should have cited them as witness in order to confirm whether accused was driving their vehicle as their employee or not---Such lapse on the part of the prosecution, did not seem to be bona fide on the part of the Investigating Officer---No doubt, the Chemical Examiner's report was in positive and the substance sent to him was found to be Charas, but Chemical Examiner's report, in absence of confidence inspiring ocular evidence, was not helpful for bringing guilt to accused---Recovery of Charas from the vehicle in question, could not, ipso facto, be proof of the guilt of accused, unless possession of vehicle was proved against accused through confidence inspiring evidence, which was lacking---Charas was allegedly filled in the cartons and those cartons had not been produced in the court---Excise Police had filled bags with the recovered Charas as per their own choice---Why the Excise Police did not preserve and produce the cartons in the court, was a question for which prosecution could not furnish plausible explanation; shadow of doubt had also been created for which accused was entitled to take benefit---Nothing had been brought on record by the prosecution to establish that Charas wrapped in the cartons was within the knowledge of accused---Whole proceedings of investigation being tainted with mala fides, complainant's own interest for conducting…

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