State Of Punjab vs Balkar Singh And Anr on 16 March, 2004
In State of
Punjab vs. Balkar Singh 2004 S.C.C. (Crl.) 838, the accused were found
present near 100 bags each containing 40 kgs poppy husk, at an open and
accessible place. They belonged to different villages. No investigation was
made as to whom those fields belonged. It was held by the Apex Court that
mere presence of the accused near the bags containing contraband, was
not sufficient to hold that they were in possession thereof. Ultimately the
State appeal against acquittal was dismissed. In the instant case also, as
stated above, the accused were allegedly found present near the bags
aforesaid. They belong to different villages. The facts of the aforesaid
cases are identical to the facts of the instant case. Relying on the
observations made in these cases, it can be held that the accused were not
found in conscious possession of the contraband. The submission of the
Counsel for the appellants, to the effect that the prosecution miserably
failed to prove that the accused were found in conscious possession of the
contraband, and as such, they did not commit any offence punishable
under Section 15 of the Act, carry substance and stands accepted.