Supreme Court: Prosecution must establish contraband was seized from 'conscious possession' of accused to prove offence under NDPS Act

The court while considering the facts and circumstances of the case stated that section 54 of the Narcotic Drugs and Psychotropic Substances Act, NDPS Act comes into play and the Trial Court was justified in drawing the presumption that the accused was in conscious possession.

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The Supreme Court in the case Rakesh Kumar Raghuvanshi v. The State of Madhya Pradesh observed and has reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act, NDPS Act, the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused.

The court in the case stated that, 'Conscious possession refers to a scenario where an individual not only physically possesses a narcotic drug or psychotropic substance but is also aware of its presence and nature. Thus, it requires both physical control and mental awareness.'