AIR 2002 SUPREME COURT 3343 ::2002 AIR SCW 3891 ::(2003) 2 MadLW(Cri) 651 ::(2002) 3 WLC (RAJ) 343 ::2002 ChandLR(Civ&Cri) 624 ::2002 (2) UJ (SC) 1324 ::2002 UJ(SC) 2 1324 ::(2002) 4 CurCriR 36 ::(2003) 1 AllCriR 210 ::2002 (7) SCC 419 ::2002 SCC(Cri) 1769 ::2002 (4) RecCriR 180 ::(2002) 3 Sim LC 448 ::(2002) 6 Scale 539 ::2003 (1) AndhLT(Cri) 122 SC ::(2003) 1 AndhLT(Cri) 122 ::(2002) 2 ALD(CRL) 746 ::2002 CalCriLR 1060 ::2003 (1) Cal HN 18 ::(2003) 1 BLJ 327 ::2003 BLJR 2 1091 ::2002 (3) BLJR 2369 ::(2002) 2 Cg LJ 392 ::2003 (1) EastCriC 28 ::2003 (2) JLJR 74 ::(2003) 2 Pat LJR 773 ::2003 (1) RajLW 42 ::(2004) 1 Raj Cri C 46 ::2003 (1) RajCriC 43 ::2002 (4) SCJ 376 ::(2002) 4 Crimes 334 ::2002 (4) LRI 604 ::2003 (1) UC 21 ::2002 (5) SLT 331 ::2002 (6) Supreme 536 ::2002 All MR(CRI) 2564 ::(2002) 2 EFR 605 ::(2003) 1 CurLJ(CCR) 401 ::(2002) 7 JT 245 (SC) ::2002 (9) SRJ 372

Supreme Court Of India

(From : 1996 (23) Cri LT 145 (Punj and Har))

Hon'ble Judge(s): S. Rajendra Babu, P. Venkatarama Reddi , JJ

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.15— Possession of narcotic drug - Proof - Custody or control over goods must be proved - Bags containing poppy husk seized from vehicle in which accused were travelling - One accused was found driving a vehicle - Other two were found sitting on the bags - Two other occupants fled away as soon as vehicle was stopped - Accused not examined on question of possession of bags - On basis of evidence on record it cannot be said that accused were in possession of poppy husk bags - Conviction liable to be set aside. 1996 (23) Cri LJ 145 (P and H), Reversed. Evidence Act (1 of 1872) , S.114— Criminal P.C. (2 of 1974) , S.313— Possession is the core ingredient to be established before the accused can be subjected to the punishment under S. 15. The word 'possession' no doubt has different shades of meaning and it is quite elastic in its connotation. Possession and ownership need not always go together but the minimum requisite element which has to be satisfied is custody or control over the goods.(Para 6) In the instant case bags containing poppy husk were recovered from the vehicle in @page-SC3344 which accused were travelling. One accused was driving the vehicle loaded with bags of poppy husk. Other two accused were sitting on....