Prosecution Fails to Prove Truck Owner's Knowledge in Contraband Smuggling, Section 35 NDPS Act Presumption Inapplicable.

Smuggling of huge quantity of contraband - vicarious liability of owner of the truck - In the case in hand, the prosecution has failed to produce any material on record to show that the vehicle in question, if was used for any illegal activity, was used with the knowledge and consent of the Appellant. Even presumption as provided for under Section 35 of the NDPS Act will not be available for the reason that the prosecution had failed to discharge initial burden on it to prove the foundational facts. - SC .....

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