https://www.taxtmi.com/caselaws?id=397164 Conscious possession must be proved by the prosecution beyond reasonable doubt before the NDPS Act presumption can arise. On the facts described, the investigation was defective: the alleged sale agreement was not examined, panchayat records were not properly verified, and the witness best placed to speak to ownership and possession was not examined. Mere reliance on a voters list entry was insufficient to establish possession or disprove the appellant's claim. The evidence was therefore held inadequate, the concurrent findings were said to rest on conjecture and misappreciation of evidence, and the conviction was unsustainable, entitling the appellant to acquittal. en-us Wed, 05 Aug 2020 00:00:00 +0530 Wed, 26 Apr 2023 11:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397164 Conscious possession must be proved by the prosecution beyond reasonable doubt before the NDPS Act presumption can arise. On the facts described, the investigation was defective: the alleged sale agreement was not examined, panchayat records were not properly verified, and the witness best placed to speak to ownership and possession was not examined. Mere reliance on a voters list entry was insufficient to establish possession or disprove the appellant's claim. The evidence was therefore held inadequate, the concurrent findings were said to rest on conjecture and misappreciation of evidence, and the conviction was unsustainable, entitling the appellant to acquittal. Case-Laws Indian Laws Wed, 05 Aug 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397164