https://www.taxtmi.com/caselaws?id=169447 Possession is the foundational ingredient for liability under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, requiring proof of custody or control over the contraband before any statutory presumption can operate. Mere presence in a vehicle carrying poppy husk, without investigation into each accused's role or nexus with the goods, was insufficient to prove possession beyond reasonable doubt. The adverse inference from silence could not replace proof, particularly where no specific question on possession was put under Section 313 CrPC. Sections 35 and 54, and reliance on Section 114 of the Evidence Act, were therefore unsafe on the record, and the conviction and sentence were set aside. en-us Wed, 18 Sep 2002 00:00:00 +0530 Thu, 08 Jan 2026 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169447 Possession is the foundational ingredient for liability under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, requiring proof of custody or control over the contraband before any statutory presumption can operate. Mere presence in a vehicle carrying poppy husk, without investigation into each accused's role or nexus with the goods, was insufficient to prove possession beyond reasonable doubt. The adverse inference from silence could not replace proof, particularly where no specific question on possession was put under Section 313 CrPC. Sections 35 and 54, and reliance on Section 114 of the Evidence Act, were therefore unsafe on the record, and the conviction and sentence were set aside. Case-Laws Indian Laws Wed, 18 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169447