https://www.taxtmi.com/caselaws?id=172782 A marginal difference between the sample weight taken at the spot and the laboratory weight was not treated as material where the recovery evidence was otherwise trustworthy, so the discrepancy did not vitiate the prosecution case. Section 50 of the NDPS Act was held applicable to personal search, not to recovery from a vehicle, and the accused was sufficiently informed of the right to be searched before a Gazetted Officer or Magistrate. Once possession of the contraband was established, conscious possession was presumed; the passenger's statement under Section 313 CrPC could not by itself rebut that presumption. The conviction and sentence were sustained. en-us Tue, 31 Aug 2010 00:00:00 +0530 Fri, 30 Oct 2015 15:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172782 A marginal difference between the sample weight taken at the spot and the laboratory weight was not treated as material where the recovery evidence was otherwise trustworthy, so the discrepancy did not vitiate the prosecution case. Section 50 of the NDPS Act was held applicable to personal search, not to recovery from a vehicle, and the accused was sufficiently informed of the right to be searched before a Gazetted Officer or Magistrate. Once possession of the contraband was established, conscious possession was presumed; the passenger's statement under Section 313 CrPC could not by itself rebut that presumption. The conviction and sentence were sustained. Case-Laws Customs Tue, 31 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172782