https://www.taxtmi.com/caselaws?id=288468 In narcotics prosecutions, once recovery from a vehicle occupied by the accused establishes conscious possession, the statutory presumptions under Sections 35 and 54 of the NDPS Act operate and the burden shifts to the accused to rebut them. On the facts, the occupants fled and no cogent material was produced to displace the finding of possession and control over the contraband. The conviction was also not disturbed because the testimony of police witnesses was found reliable despite non-examination of independent witnesses, and the alleged omission under Section 313 CrPC did not show material prejudice or failure of justice. The conviction and sentence were upheld. en-us Tue, 23 Jul 2013 00:00:00 +0530 Tue, 09 Jun 2020 12:30:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288468 In narcotics prosecutions, once recovery from a vehicle occupied by the accused establishes conscious possession, the statutory presumptions under Sections 35 and 54 of the NDPS Act operate and the burden shifts to the accused to rebut them. On the facts, the occupants fled and no cogent material was produced to displace the finding of possession and control over the contraband. The conviction was also not disturbed because the testimony of police witnesses was found reliable despite non-examination of independent witnesses, and the alleged omission under Section 313 CrPC did not show material prejudice or failure of justice. The conviction and sentence were upheld. Case-Laws Indian Laws Tue, 23 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288468