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Head Note

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 15 , Section 35

Search and Seizure - Recovery of 33 bags of poppy husk each weighing 40 Kgs. from tractor trolley being driven by the appellant - Presumption - Testimony of PW-1 and evidence on record amply establishes physical possession of the contraband by the appellant - Appellant being the driver of the vehicle by all probabilities must have been aware of the contents of the bags transported in the trolley attached to the tractor - Once the physical possession of the contraband by the accused has been proved, Section 35 of the NDPS Act comes into play and the burden shifts on the appellant-accused to prove that he was not in conscious possession of the contraband -Held that it has been proved beyond reasonable doubt that the accused being the driver of the tractor was in conscious possession of the thirty three bags of poppy husk in the trolley attached to the tractor - Upon appreciation of evidence, High Court rightly reversed the acquittal and convicted the appellant under Section 15 of the NDPS Act - The occurrence was in the year 1990 and the appellant has suffered a protracted proceeding of about twenty five years. In the facts and circumstances of the case, the sentence of imprisonment imposed on the appellant is reduced from twelve years to ten years.

The Indian Evidence Act, 1872  - Section 3

Police officials - Testimony of - Evidentiary value - Appreciation of evidence - There is no legal proposition that evidence of police officials unless supported by independent evidence is unworthy of acceptance. Evidence of police witnesses cannot be discarded merely on the ground that they belong to police force and interested in the investigation and their desire to see the success of the case - Prudence however requires that the evidence of police officials who are interested in the outcome of the result of the case needs to be carefully scrutinized and independently appreciated - Mere fact that they are police officials does not by itself give rise to any doubt about their creditworthiness.

Topic(s)-NDPS - Search and Seizure - Conviction