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Supreme Court of India 2025-01-16 dismissed

RAKESH KUMAR RAGHUVANSHI vs THE STATE OF MADHYA PRADESH

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

Rakesh Kumar Raghuvanshi was arrested at Ujjain railway station with three cartons containing approximately 50 kg of poppy husk (an opium derivative). He claimed he had no knowledge of the cartons and was forced to disembark with them by police. The trial court and High Court convicted him under Section 8 read with Section 15 of the NDPS Act, sentencing him to 10 years imprisonment. The Supreme Court upheld the conviction, holding that the prosecution had adequately proved conscious possession—the appellant was sitting directly on one carton with two others closely beside him. His failure to provide a satisfactory explanation triggered the presumption under Section 54 of the NDPS Act, shifting the burden to him. The Court dismissed the appeal.

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Narcotic Drugs and Psychotropic Substances Act Criminal Law Possession Evidence Presumption Burden of Proof

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