Smuggling of narcotics

Accused was apprehended on his arrival at an airport where it was found that he had concealed 1350 grams of cocaine in his body; accused was referred to hospital where 75 capsules were recovered

Factor of conscious knowledge could not be ruled out

Substantial quantity of contraband substance was recovered from capsules concealed in the body of the accused

Petition was dismissed and bail was refused.

Accused who were travelling in Bus, were arrested and in their presence and pointation, huge quantity of narcotics was recovered

Boxes containing narcotics were lying on the roof of the Bus and all accused had knowledge about the same

One of accused was owner, others were driver, second driver and conductor of the Bus, and one of them was sitting in the Bus on whose pointation the narcotics were recovered

Contentions were that a driver and conductor could not be held responsible for transporting contraband articles and that at best their responsibility would start only when the contraband items had been recovered from the designed cavities of the bus

Validity

Under provisions of S.29(d) of Control of Narcotic Substances Act, 1997, unless otherwise proved, presumption would be that accused had committed an offence under Control of Narcotic Substances Act, 1997 in respect of any material which had undergone any process towards the production or manufacture of narcotics

Presence of accused persons being owner, driver, second driver and conductor of the Bus was not denied; they were arrested from the spot in presence of Mashirs

Recovered articles were lying openly in boxes on the roof of the Bus, same would be in the knowledge of accused persons

Accused, in circumstances were equally responsible for the transportation of said narcotic substance and in circumstances could not be absolved from the responsibility.