Vehicle owner liability under NDPS law depends on proof of knowledge, consent, and foundational facts for presumption.

Liability of a registered vehicle owner under Section 25 of the NDPS Act arises only where the prosecution proves that the vehicle was used with the owner's knowledge and consent. The prosecution must also establish the foundational facts needed to trigger the presumption under Section 35 before any reverse burden can operate. Ownership alone is insufficient to sustain conviction, and the statutory presumption cannot be invoked on mere status as registered owner without reliable proof of conscious permission or involvement.

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Issues: Whether conviction of the registered owner of a vehicle under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained in the absence of proof that the vehicle was used with his knowledge and consent and without the prosecution first proving the foundational facts for drawing the presumption under Section 35 of that Act.

Analysis: Section 25 applies only where the owner knowingly permits use of the vehicle for commission of an offence. The prosecution produced no reliable material to show that the appellant had knowledge of the alleged transport of narcotics or had consented to such use. The evidence also did not establish the foundational facts necessary to invoke the statutory presumption under Section 35. In the absence of such proof, the reverse burden could not be shifted to the appellant, and conviction could not rest merely on his status as registered owner.

Conclusion: The conviction under Section 25 was not sustainable and the appellant was entitled to relief.

Final Conclusion: The appeal succeeded, the impugned judgments were set aside, and the appellant stood acquitted of the charge.

Ratio Decidendi: For liability of a vehicle owner under Section 25 of the NDPS Act, the prosecution must first prove knowledge and consent through foundational facts before any presumption under Section 35 can arise; ownership alone is insufficient.

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