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K. SUJANA
Mohammed Khayyum – Appellant
Versus
State of Telangana – Respondent
JUDGMENT:
This Criminal Appeal has been preferred by accused No.1 in S.C.No.9 of 2017 on the file of the learned Special Sessions Judge for Trial of Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge, Khammam against the judgment of conviction dated 17.08.2018 where under the Court below found the appellant – accused No.1 guilty for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (for short ‘the Act’) and accordingly convicted him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for a period of two years.
2. The brief facts of the case are that on 26.03.2017, at 07:00 a.m., one While Bolero car without a license plate was going towards Paloncha from Badrachalam Road at high speed. The Forest Section Officer, Paloncha and his team stopped the car and found four people inside and on enquiry, they revealed that they were from Odisha State. Further, the Police discovered a bundle of packed ganja inside the car. It is alleged that total 208 kgs worth Rs.12,48,000/- was seized from both the accused. Police a
Possession of narcotics under the NDPS Act requires conscious possession, and the burden of proof lies with the accused to demonstrate otherwise.
The prosecution must establish conscious possession beyond reasonable doubt in NDPS cases.
The main legal point established in the judgment is the requirement of 'conscious possession' and the significance of animus or intent in establishing possession of contraband under the NDPS Act.
Point of law: whether there was compliance of the procedure laid down under Section 42 of the NDPS Act or not, could be ascertained at the time of trial.
The central legal point established in the judgment is the requirement to prove possession and the rebuttal of presumption under Section 54 of the NDPS Act.
The court upheld the conviction under the NDPS Act, establishing that procedural compliance and evidence corroborate guilt for possession of contraband.
Strict proof is required for stringent provisions, and failure to follow mandatory requirements in search and seizure can cast doubt on the prosecution's case.
The main legal point established is the requirement to prove conscious possession beyond reasonable doubt and the procedural compliance under the NDPS Act.
Seizure of Ganja – Once foundational facts are proved, statutory presumption under Section 54 of NDPS Act legitimately operates against accused.
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