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1 - 10 of 16 (0.21 seconds)Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 1 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Nishan Singh vs State Of Punjab on 7 March, 2008
In the case
of Nishan Singh v. State of Punjab 2011(5) R.C.R (Criminal) 22,
decided by this Court, such plea of the accused that he was not in
'conscious possession' of the poppy husk was repelled. It was
further held that it was within special means of knowledge of the
accused, as to under what circumstances, the bags containing
poppy husk were lying. In this judgment, the accused was found
sitting on gunny bags containing 40 kgs of poppy husk. It was held
that the accused was in possession and control over the bags
containing poppy husk. It was held that moreover, once
possession is proved, statutory provision starts operating and
burden shifts on him to rebut such presumption. Conviction of the
accused was upheld in this case. Even, in this judgment, it was
held that mere non joining of independent witness will not prove
fatal to the prosecution case.