https://www.taxtmi.com/caselaws?id=415110 In an NDPS prosecution, the prosecution must first establish foundational facts beyond reasonable doubt before statutory presumptions can arise. Material contradictions about interception and recovery, failure to inform the local police despite prior intelligence, non-examination of material witnesses, absence of panch signatures on the panchnama, doubtful involvement of the alleged absconding person, conflicting chemical reports, and an inadequate explanation for testing variations undermined the case. A statement recorded under section 67 of the Act could not, by itself, be treated as a confessional basis for conviction. On these facts, conscious possession was not proved beyond reasonable doubt, and the accused was entitled to the benefit of doubt; the conviction and sentence were set aside and acquittal followed. en-us Mon, 15 Nov 2021 00:00:00 +0530 Sat, 27 Nov 2021 08:45:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415110 In an NDPS prosecution, the prosecution must first establish foundational facts beyond reasonable doubt before statutory presumptions can arise. Material contradictions about interception and recovery, failure to inform the local police despite prior intelligence, non-examination of material witnesses, absence of panch signatures on the panchnama, doubtful involvement of the alleged absconding person, conflicting chemical reports, and an inadequate explanation for testing variations undermined the case. A statement recorded under section 67 of the Act could not, by itself, be treated as a confessional basis for conviction. On these facts, conscious possession was not proved beyond reasonable doubt, and the accused was entitled to the benefit of doubt; the conviction and sentence were set aside and acquittal followed. Case-Laws Indian Laws Mon, 15 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415110