Drugs & Cosmetics Act: Complainant Must Prove “Exclusive Possession” Of Premises By Accused From Where Recovery Is Made

Case: The Drugs Inspector v. Chippa Thirupathi

Coram: Justice K. Surender

Case No.: Criminal Appeal No.74 OF 2020

Court Observation: “It is the bounden duty of the complainant to prove beyond reasonable doubt against the respondent/accused regarding the exclusive possession of the premises, failing which, the prosecution fails in the back ground of the respondent/accused totally denying any knowledge about the premises and the drugs seized. When there is no corroboration by oral or documentary evidence, to support the version of P.W.1 that drugs were seized from the possession of the respondent/accused in his premises, PW1’s version cannot be believed.”

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Keywords

Drugs & Cosmetics Act, Exclusive Possession