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TMI Blog2011 (2) TMI 1350X X X X Extracts X X X X X X X X Extracts X X X X ..... n the signal of Sub-Inspector Manohar Singh and on enquiry the Driver disclosed his name as Bansi Lal son of Neki Ram, resident of Mira Khan Ki Dhani, Village Maur Bingar, Police Station, Fatehabad. Three other persons namely Nirbhai Singh, Gora Singh and Gurmit Singh were found sitting on the bags which were lying in the body of the truck. It also came to the notice of the Sub-Inspector that Gora Singh and Gurmit Singh were the brothers-in-law of Nirbhai Singh. An offer under Section 50 of the Narcotic Drugs and Psychotropic Substances Act ( hereinafter called the `Act') was made to the accused. They opted to be searched in the presence of a Gazetted Officer. DSP Baljit Singh (PW.1) was then requested to reach the spot. The truc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the appellant has raised only one argument before us during the course of the hearing. He has pointed out that there was no evidence that the appellant had been involved in the smuggling of contraband and even if the prosecution story that he was the co-owner of the truck and had given a wrong address while purchasing the truck was correct, these factors could not fasten him with any liability under Sections 15 and 25 of the Act. He has also submitted that the "culpable mental state" and the conditions for the applicability of Section 35 of the Act were not made out. Mr. Kuldip Singh, the learned counsel for the State of Punjab, has however supported the judgment of the Trial Court. We however repeatedly asked the learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of probability.: While dealing with the question of possession in terms of Section 54 of the Act and the presumption raised under Section 35, this Court in Noor Aga vs. State of Punjab and Anr. (2008) 16 SCC 417 while upholding the constitutional validity of Section 35 observed that as this Section imposed a heavy reverse burden on an accused, the condition for the applicability of this and other related sections would have to be spelt out on facts and it was only after the prosecution had discharged the initial burden to prove the foundational facts that Section 35 would come in to play. Applying the facts of the present case to the cited one, it is apparent that the initial burden to prove that the appellant had the knowledge th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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