Conscious possession under the NDPS Act requires proof beyond mere presence near contraband, and the acquittal stood upheld.

Conscious possession of poppy husk under the Narcotic Drugs and Psychotropic Substances Act was not proved where the respondents were only found sitting near bags in a field. The prosecution led no satisfactory evidence of ownership, transportation, or any other connecting circumstance showing possession beyond mere presence at the spot. As the burden of proving conscious possession was not discharged, the conviction could not be sustained and the acquittal was upheld.

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Issues: Whether the prosecution proved that the respondents were in conscious possession of the poppy husk recovered from the field, so as to sustain conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The recovery was from a field where the respondents were found sitting on bags containing poppy husk, but the prosecution led no satisfactory evidence to show ownership, transportation, or any other link establishing possession. Mere presence at the spot was held insufficient to prove conscious possession. The prosecution was required to discharge the burden of proving possession beyond the respondents' mere presence near the bags, and that burden was not met.

Conclusion: The prosecution failed to prove conscious possession of the contraband by the respondents, and the acquittal was upheld.

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