https://www.taxtmi.com/caselaws?id=326282 Physical control of a vehicle carrying narcotics can trigger the statutory presumption of conscious possession under the NDPS Act, shifting the burden to the accused to rebut it. On the facts discussed, the driver's control over the truck, the recovery of ganja from the cabin, and his failure to offer a plausible explanation supported constructive possession, so his conviction was maintained with only a limited modification to the default sentence on fine. By contrast, the helper's conviction could not stand because the prosecution failed to prove his role, knowledge, or link with the contraband by independent evidence, and he was acquitted. en-us Fri, 08 Apr 2016 00:00:00 +0530 Mon, 11 Apr 2016 16:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326282 Physical control of a vehicle carrying narcotics can trigger the statutory presumption of conscious possession under the NDPS Act, shifting the burden to the accused to rebut it. On the facts discussed, the driver's control over the truck, the recovery of ganja from the cabin, and his failure to offer a plausible explanation supported constructive possession, so his conviction was maintained with only a limited modification to the default sentence on fine. By contrast, the helper's conviction could not stand because the prosecution failed to prove his role, knowledge, or link with the contraband by independent evidence, and he was acquitted. Case-Laws Customs Fri, 08 Apr 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326282