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The SC upheld the conviction of the appellant under Section 15 of the NDPS Act for conscious possession of contraband, specifically three cartons containing poppy husk. The Court emphasized that possession must be both physical and accompanied by awareness of the illicit nature of the substance. The appellant's defense denying knowledge of the contraband was rejected as implausible. The Court reiterated that once physical possession is established, the burden shifts to the accused to satisfactorily explain the possession or rebut the presumption under Section 54. The failure of the High Court to err in affirming the Trial Court's conviction was affirmed, and the appeal was dismissed. This decision underscores the necessity of proving conscious possession with cogent evidence before a conviction under the NDPS Act can be sustained.
The SC upheld the conviction of the appellant under Section 15 of the NDPS Act for conscious possession of contraband, specifically three cartons containing poppy husk. The Court emphasized that possession must be both physical and accompanied by awareness of the illicit nature of the substance. The appellant's defense denying knowledge of the contraband was rejected as implausible. The Court reiterated that once physical possession is established, the burden shifts to the accused to satisfactorily explain the possession or rebut the presumption under Section 54. The failure of the High Court to err in affirming the Trial Court's conviction was affirmed, and the appeal was dismissed. This decision underscores the necessity of proving conscious possession with cogent evidence before a conviction under the NDPS Act can be sustained.
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