https://www.taxtmi.com/caselaws?id=359229 Recovery of heroin from an accused's checked-in baggage, supported by baggage slips, boarding pass and chemical analysis, was treated as proof of physical possession. On that basis, the statutory presumptions of conscious possession and culpable mental state under the NDPS Act operated, shifting the burden to the accused to rebut them. The accused failed to discharge that burden, and the Court also found no prejudice from non-examination of the person asked to produce the suitcase for re-check because the recovery was otherwise established by prosecution evidence. Conviction and sentence were upheld and the appeal was dismissed. en-us Fri, 16 Mar 2018 00:00:00 +0530 Thu, 26 Apr 2018 09:35:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=359229 Recovery of heroin from an accused's checked-in baggage, supported by baggage slips, boarding pass and chemical analysis, was treated as proof of physical possession. On that basis, the statutory presumptions of conscious possession and culpable mental state under the NDPS Act operated, shifting the burden to the accused to rebut them. The accused failed to discharge that burden, and the Court also found no prejudice from non-examination of the person asked to produce the suitcase for re-check because the recovery was otherwise established by prosecution evidence. Conviction and sentence were upheld and the appeal was dismissed. Case-Laws Indian Laws Fri, 16 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=359229