Prosecution Must Prove Contraband Was in Accused's 'Conscious Possession' : Supreme Court
The Supreme Court, in Rakesh Kumar Raghuvanshi v. State of Madhya Pradesh, reiterated that to establish an offence under the NDPS Act, the prosecution must prove that the contraband was in the conscious possession of the accused. Conscious possession requires both physical control and awareness of the drug's presence and nature.
The Court clarified that only after conscious possession is established does the burden shift to the accused under Section 54 of the NDPS Act to justify lawful possession. The prosecution must first prove this aspect before invoking the presumption against the accused.
A bench of Justices JB Pardiwala and R Mahadevan made these observations while hearing an appeal by a convict sentenced to ten years for carrying poppy husk in a train. The convict claimed he had no connection with the three carton boxes found near him, but the Court found his explanation unconvincing, noting he was sitting on one box with the others nearby.
Since he failed to provide a satisfactory explanation, the Court upheld the Trial Court’s decision to presume conscious possession under Section 54 and dismissed the appeal.