Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 35, 54 -- Heroin - Recovery from inside the bumper of tractor - Conscious possession - Accused was driving tractor and other was sitting on mudguard - Tractor not a public transport - It was within the knowledge of accused as to wherefrom the same had been brought and to which destination the same was to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Recovery made from house - No proof that accused was owner of premises wherefrom recovery was effected - Rather burden put on accused to prove that he is not the owner of the house - Seal not handed over to any independent witness - Disclosure statement recorded when accused was in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Accused found sitting on bags containing contraband at bus stand - Accused might have sat on the bags while waiting for the bus - Accused was seen by none as to placing the alleged bags at the bus stand - Not proved beyond doubt that accused was aware with the contents of the alleged..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 54 -- Conscious possession - Recovery of 20 bags of poppy husk from a tractor trolly - One accused driving and another sitting on mudguard - It was within special means of knowledge of accused as to how 20 bags of poppy husk were found in tractor trolley and to which destination they were travelling -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Conscious possession - Accused sole occupant of truck from which recovery was made - Sufficient to prove possession - When possession of contraband is proved then there is statutory presumption that accused has committed the offence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 10 kg. - Conscious possession - Possession proved - There is statutory presumption against accused that he has committed offence - Burden of proof shifts on accused to rebut that presumption...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313 -- Opium - Recovery of 10 kg. - Plea that in examination of accused u/s 313 Cr.P.C. no question was put to him about conscious possession - Held, in statement u/s 313 Cr.P.C. the requirement is to be put incriminating circumstances appearing against him in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Conscious possession - Accused found sitting on the bags containing poppy husk in a room, in the burial ground which was an open and accessible place which could be visited by all and sundry - Contention repelled - Accused were not found sitting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Poppy husk - Recovery of 3 bags each containing 35 kgs. of poppy husk - Accused sitting on bags in a park - Conscious possession - Accused failed to explain as to how such bags came to that place and in his possession - Moreover, once possession of accused and his control over bags is proved then..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35 -- Recovery of 4 bags of poppy husk 31 kgs each - Presumption as to existence of mental state - Appeal against conviction - Failure of accused in rebutting the presumption regarding possession of contraband and conscious state of mind - Accused rightly convicted...........
