https://www.taxtmi.com/caselaws?id=267886 Conviction under the NDPS Act may rest on credible testimony of police witnesses even without independent corroboration, and non-examination of the investigating officer does not by itself vitiate the prosecution unless prejudice is shown. On recovery of poppy husk from a tractor trolley, proof of physical possession triggered the statutory presumption of culpable mental state, shifting the burden to the accused to rebut conscious possession. The defence failed to displace the prosecution evidence, and the presumption remained unrebutted. The conviction under Section 15 was maintained, though the custodial sentence was reduced. en-us Wed, 04 Nov 2015 00:00:00 +0530 Tue, 17 Nov 2015 07:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267886 Conviction under the NDPS Act may rest on credible testimony of police witnesses even without independent corroboration, and non-examination of the investigating officer does not by itself vitiate the prosecution unless prejudice is shown. On recovery of poppy husk from a tractor trolley, proof of physical possession triggered the statutory presumption of culpable mental state, shifting the burden to the accused to rebut conscious possession. The defence failed to displace the prosecution evidence, and the presumption remained unrebutted. The conviction under Section 15 was maintained, though the custodial sentence was reduced. Case-Laws Indian Laws Wed, 04 Nov 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267886