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    <title>2011 (1) TMI 1547 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>In NDPS matters, non-examination of an independent witness does not by itself vitiate the prosecution where police evidence is otherwise credible and no material shows false implication. Recovery evidence, including vehicle ownership, seals and sample drawing, remained reliable because minor discrepancies were treated as immaterial and not shown to cause prejudice. Once possession of contraband is proved, the statutory presumption of conscious possession under Sections 35 and 54 applies, and the accused must rebut it with credible evidence. Section 50 was found inapplicable because there was no personal search, and alleged sampling irregularities did not justify interference. Joint possession of commercial quantity could not be split to reduce the offence below commercial quantity.</description>
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    <pubDate>Mon, 31 Jan 2011 00:00:00 +0530</pubDate>
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      <title>2011 (1) TMI 1547 - PUNJAB AND HARYANA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=280647</link>
      <description>In NDPS matters, non-examination of an independent witness does not by itself vitiate the prosecution where police evidence is otherwise credible and no material shows false implication. Recovery evidence, including vehicle ownership, seals and sample drawing, remained reliable because minor discrepancies were treated as immaterial and not shown to cause prejudice. Once possession of contraband is proved, the statutory presumption of conscious possession under Sections 35 and 54 applies, and the accused must rebut it with credible evidence. Section 50 was found inapplicable because there was no personal search, and alleged sampling irregularities did not justify interference. Joint possession of commercial quantity could not be split to reduce the offence below commercial quantity.</description>
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      <pubDate>Mon, 31 Jan 2011 00:00:00 +0530</pubDate>
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