Santosh Kumar Mallia And Ors. And ... vs State Of Orissa And Ors. on 6 November, 1998
The prosecution has even not thought it proper to cross-examine P.W.1. It is,
therefore, clear that the prosecution has failed to prove that seizure was made
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from exclusive and conscious possession of the petitioner. It is settled law that
in the absence of proof of conscious and exclusive possession of the contraband
article by the accused there can be no conviction of the accused. Reference in
this regard be made to the case of Rama Chandra Mallik (supra).