Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 9---Appreciation of evidence---Mere fact that the police witnesses had no enmity or motive to falsely implicate the accused, by itself, was not a strong circumstance to hold that whatever had been alleged by the prosecution should be implicitly relied upon without asking for, supporting evidence---Prosecution was bound to independently prove beyond doubt that it was the accused who had perpetrated the offence--­House from where the recovery was made was a house in joint possession and the accused was not residing alone in it--Accused was not present in the house at the time of recovery and he was arrested. subsequently- --Accused, thus, was not in direct conscious possession of the recovered narcotics and had no concern with the same---Besides, parcels of the alleged Charas and opium were sent for analysis after 15/16 days of the recovery and the prosecution had failed to explain as to in whose possession the same had remained for such time---Possibility of the substitution of the recovered intoxicant, therefore, could…

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