https://www.taxtmi.com/caselaws?id=295369 For prosecution under the NDPS Act, the material must establish conscious possession or participation in the prohibited transportation of narcotics. On the facts stated, the petitioner was driving the car but the contraband was moved to the rear seat occupied by a co-accused, and there was no physical control over the heroin or independent evidence of participation. The petitioner's Section 67 statement was retracted and its voluntariness was not established, so it could not be relied upon. The charge was therefore held unsustainable, the framing order was set aside, and the petitioner was discharged. en-us Thu, 14 May 2009 00:00:00 +0530 Mon, 31 May 2021 17:21:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295369 For prosecution under the NDPS Act, the material must establish conscious possession or participation in the prohibited transportation of narcotics. On the facts stated, the petitioner was driving the car but the contraband was moved to the rear seat occupied by a co-accused, and there was no physical control over the heroin or independent evidence of participation. The petitioner's Section 67 statement was retracted and its voluntariness was not established, so it could not be relied upon. The charge was therefore held unsustainable, the framing order was set aside, and the petitioner was discharged. Case-Laws Indian Laws Thu, 14 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295369