SUNITA GUPTA
Vargas Joseantonio Mauricio – Appellant
Versus
D. R. I. – Respondent
Based on the provided legal document, the key legal principles and findings are as follows:
The statutory presumption of conscious possession under Sections 35 and 54 of the NDPS Act shifts the burden to the accused to prove that he had no knowledge of the contraband. Once possession is established, it is presumed that the accused was aware of the illicit nature of the items unless he can rebut this presumption with cogent evidence (!) (!) (!) (!) (!) (!) (!) (!) .
The concept of "possession" includes both actual and constructive possession, where the latter involves having control or power over the contraband even without physical custody (!) (!) .
The burden of proving lack of knowledge or conscious possession is on the accused, and this can be discharged by demonstrating circumstances that reasonably support a lack of awareness. Mere retraction of a statement under Section 67 does not automatically negate the initial admission unless it is corroborated by independent evidence (!) (!) (!) (!) .
The evidence must establish that the accused was in conscious possession of the contraband. In this case, the evidence demonstrated that the accused admitted to carrying the suitcases and that the suitcases belonged to him. The weight of the contraband and the circumstances of the recovery indicated that the accused was in possession and aware of the contents (!) (!) (!) .
The accused's claim that he was carrying the suitcases for another person and was unaware of their contents was not sufficiently substantiated, especially given the weight of the evidence connecting him to the possession of the contraband (!) (!) .
The absence of independent corroborative evidence and the failure to produce evidence to disprove the presumption of knowledge meant that the statutory presumptions under Sections 35 and 54 remained operative, and the burden was not successfully rebutted (!) (!) (!) .
The legality of the statement made under Section 67, and its subsequent retraction, was considered. The court found that the initial statement was voluntary and that the retraction, made shortly thereafter, was likely influenced by external factors, such as advice or coercion, and therefore did not negate the initial admission (!) (!) .
The overall assessment of the evidence led to the conclusion that the accused was in conscious possession of the contraband, and the appeal was dismissed accordingly (!) (!) (!) (!) .
In summary, the legal framework emphasizes that once possession of illicit substances is established, the burden shifts to the accused to prove lack of knowledge. The evidence in this case supported that the accused was in conscious possession, and the legal presumptions under the NDPS Act were upheld.
Sunita Gupta, J.
1. This criminal appeal has been preferred under Section 374 of Code of Criminal Procedure against the judgment and order dated 07.07.2012 and 13.07.2012 passed in Sessions case no. 21A/08 passed by Learned Special Judge, NDPS, Saket Court by which the appellant was convicted under Section 21(c) & 23(c) r/w Section 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS Act) and sentenced to undergo Rigorous Imprisonment for 10 years each and a fine of Rs 1 Lakh each for both the aforesaid offences, and in default of fine to further undergo S.I. for six months each for the said offences.
2. The facts and circumstances giving rise to this appeal are that on 25.10.2007, an intelligence was gathered by Sh Raman Mishra, Intelligence officer of Directorate of Revenue Intelligence (DRI) that one man named Vargas Joseantonio Mauricio would leave from Delhi to London by Cathay Pacific flight on 28.10.2007 and he would be carrying narcotic drugs concealed either in his checked in baggage or on his person. On taking instructions from N.D. Azad, Senior Intelligence Officer and based on the said information, a team of DRI officers a
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