Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - Initial burden of proof lies on prosecution and once the same is discharged, burden shifts on accused - Once possession is established, Court can presume that accused had necessary culpable mental state and has committed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 510 tablets of Almax-05 - Tablets recovered from conscious possession of accused but Tablets Almax-05 containing salt `Alprazolam' falls in the ambit of no, commercial quantity - Custody certificate of accused reveals that accused has undergone about 1 year 3 months and 7 days of actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57 -- Recovery of 14.062 kg charas - Search party fully conscious of the fact that certain individuals who were carrying charas would be crossing Indo-Nepal Border but not informed the same to their higher officials from the very beginning - Such information was subsequently given by radio transmitters and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Conscious possession - Major contradiction in the statements of PWs as to from where contraband was recovered - It makes the recovery highly doubtful - Prosecution failed to prove that contraband was recovered from the conscious possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Word conscious means awareness about a particular fact - It is a state of mind which is deliberate or intended - Conduct of accused is very material to determine the question of conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Accused found dragging out a gunny bag from paddy field to kachha path and on seeing police, he sat down inside the field - No explanation given by accused as to his presence in the field where gunny bags containing poppy husk were lying - Conduct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 6.600 kg ganja - Conscious possession - Evidence of police witnesses corroborated by two independent witnesses together with chemical examination report proving recovery of contraband from possession of accused - Thus, possession of contraband by accused is proved by cogent, credible and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 67 -- Recovery of 20.774 kgs of hashish - Conscious possession - Contraband concealed in covers of Tibetan religious books to avoid its detection - Statement of all prosecution witnesses are consistent and despite searching cross examination, no infirmities have been elicited - Accused, a native from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 54, 35 -- Recovery of 20.774 kgs of hashish - Conscious possession - Contraband was concealed in covers of Tibetan religious books to avoid its detection - Prosecution has proved accused's conscious possession and control over the contraband - Thus, once possession is established, person who claims that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - Merely because accused was seen standing on the spot and co-accused had run away from the spot which ultimately stood acquitted, knowledge of conscious possession of poppy husk cannot be put to accused for recording his conviction for a serious offence...........
