https://www.taxtmi.com/caselaws?id=169446 Possession under the NDPS Act includes custody or control, and once surrounding circumstances establish possession, the statutory presumptions on conscious possession may apply. Recovery of opium from the dicky of a car, together with the accused's failure to explain the circumstances, is treated as sufficient material for conscious possession. Omission in the Section 313 examination is material only if it causes real prejudice or failure of justice; where the incriminating circumstances were put to the accused and explained, no vitiation arises. Non-examination of independent witnesses does not by itself invalidate search and seizure if official witnesses are credible and public witnesses were unavailable. en-us Thu, 09 Sep 2010 00:00:00 +0530 Fri, 30 Oct 2015 15:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169446 Possession under the NDPS Act includes custody or control, and once surrounding circumstances establish possession, the statutory presumptions on conscious possession may apply. Recovery of opium from the dicky of a car, together with the accused's failure to explain the circumstances, is treated as sufficient material for conscious possession. Omission in the Section 313 examination is material only if it causes real prejudice or failure of justice; where the incriminating circumstances were put to the accused and explained, no vitiation arises. Non-examination of independent witnesses does not by itself invalidate search and seizure if official witnesses are credible and public witnesses were unavailable. Case-Laws Indian Laws Thu, 09 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169446