NDPS - Contraband recovered from car while it was being driven by accused - charges proved beyond doubt - Supreme Court
AN appraisal of the testimony of the prosecution witnesses fully substantiate the recovery of the contraband i.e. Poppy Husk from the conscious possession of the accused persons. That the samples were properly sampled, sealed and forwarded to the Forensic Science Laboratory also stands established. The certificate of the Chemical Examiner, FSL to the effect that the seal of the samples was found intact and that the same tallied with the specimen seals also rules out the possibility of any tampering therewith. The fact that the contraband was recovered from the car while the same was being driven by one of the accused persons in the company of the other also authenticate the charge of their conscious possession thereof. The haul of six bags of Poppy Husk is substantial so much so that it negates even the remote possibility of the same being planted by the police. Furthermore, no evidence with regard to bias or malice against the Investigating Agency has been adduced. The prosecution has been able to prove the charge against the accused persons beyond all reasonable doubt.
Please see Dilbagh Singh v State of Punjab -