Conscious possession of contraband upheld where recovery from bags was proved and alleged procedural lapses did not vitiate the conviction.

Conscious possession of contraband was established where the appellant was found sitting on two bags, reacted on seeing the police, and admitted that the bags contained poppy husk. The recovery was from bags in her possession, so safeguards applicable to a personal search did not apply. Alleged delay in sending the sample to the chemical examiner was not fatal because the recovery was proved by cogent evidence and the sealing process remained intact. The absence of strong independent support did not weaken the prosecution where official witnesses were found reliable, and the defence itself examined one independent witness. The conviction was sustained and the appeal failed.

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Issues: Whether the appellant was in conscious possession of the contraband and whether the conviction could be sustained despite alleged non-compliance with the safeguards relating to search, delay in sending samples, and absence of independent support.

Analysis: The appellant was found sitting on two bags, turned away on seeing the police, and on inquiry stated that the bags contained poppy husk. The recovery was thus from bags in her possession, not from a personal search, so the safeguards governing personal search did not apply. The Court also held that the claimed delay in forwarding the sample to the chemical examiner was not fatal because the recovery was proved by cogent evidence and the sealing process was intact. The absence of effective independent support did not vitiate the prosecution case where the evidence of the official witnesses was found reliable and one independent witness had been examined by the defence. The plea of bias and alleged procedural lapses did not displace the concurrent findings below.

Conclusion: The conviction was sustained and the appeal failed.

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