NDPS conviction may rest on credible police testimony, and proved possession can trigger the presumption of conscious possession.

Conviction under the NDPS Act may rest on credible testimony of police witnesses even without independent corroboration, and non-examination of the investigating officer does not by itself vitiate the prosecution unless prejudice is shown. On recovery of poppy husk from a tractor trolley, proof of physical possession triggered the statutory presumption of culpable mental state, shifting the burden to the accused to rebut conscious possession. The defence failed to displace the prosecution evidence, and the presumption remained unrebutted. The conviction under Section 15 was maintained, though the custodial sentence was reduced.

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Issues: (i) whether conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained on the testimony of a police witness without independent corroboration and despite non-examination of the investigating officer; (ii) whether recovery of poppy husk from the tractor trolley established conscious possession and attracted the presumption under Section 35 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Issue (i): Whether conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained on the testimony of a police witness without independent corroboration and despite non-examination of the investigating officer.

Analysis: The recovery occurred at midnight at a place where independent witnesses were not readily available, and the witness of recovery was a member of the police party whose evidence remained unshaken in cross-examination. The Court reaffirmed that police evidence is not to be rejected merely because it comes from official witnesses, and that conviction can rest on such testimony if it inspires confidence. It further held that non-examination of the investigating officer does not by itself vitiate the prosecution unless prejudice is shown, which was not established on the facts.

Conclusion: The conviction was not vitiated for want of independent witnesses or for non-examination of the investigating officer.

Issue (ii): Whether recovery of poppy husk from the tractor trolley established conscious possession and attracted the presumption under Section 35 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: Once physical possession of the contraband was proved, the statutory presumption as to culpable mental state came into operation and the burden shifted to the accused to show absence of conscious possession. The appellant did not discharge that burden, and the defence version was not sufficient to displace the prosecution evidence proving possession and knowledge. The huge quantity recovered and the surrounding circumstances supported the conclusion that the appellant, as the driver of the tractor, was in conscious possession of the contraband.

Conclusion: Conscious possession was proved and the presumption under Section 35 remained unrebutted.

Final Conclusion: The conviction under Section 15 was maintained, but the custodial sentence was reduced, resulting in only partial relief to the appellant.

Ratio Decidendi: Conviction under the NDPS Act can rest on credible official testimony without independent corroboration, and once physical possession of contraband is proved the burden shifts to the accused to rebut the statutory presumption of conscious possession.

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