Doubtful recovery

Accused was allegedly found in possession of 400 grams of charas and Trial Court convicted him under S. 9(b) of Control of Narcotic Substances Act, 1997

Validity

F.I.R. stated that charas was allegedly recovered from the fold of shalwar (trouser) of the accused, but complainant/police official deposed that charas was recovered from the right side fold of shalwar ( trouser) of the accused

Arrest and recovery mashir (police official) in his deposition had stated a story dissimilar to the recovery stated in the F.I.R.

Narcotic (charas) was sent to the Chemical Examiner after about 12 days of its alleged recovery, and case record provided no explanation as to who had the custody of the sample parcel in the said period

Prosecution had failed to prove its case beyond shadow of reasonable doubt

Appeal was accepted, accused was extended benefit of doubt and he was acquitted of the charge.