VidhiSangh

Supreme Court of India · 16/01/2025

RAKESH KUMAR RAGHUVANSHI versus THE STATE OF MADHYA PRADESH

[2025] 1 S.C.R. 2008 · 2025 INSC 96

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Summary

The Supreme Court upheld the appellant's conviction under Section 8 read with Section 15 of the NDPS Act for carrying about 50 kg of poppy husk in three cartons on a train. The prosecution proved that he was found sitting on one carton with the other two beside him, and as he gave no satisfactory explanation, the presumptions under Sections 54 and 35 applied and conscious possession was established.

Issues

  1. Whether the prosecution proved that the appellant was in conscious possession of the three cartons of poppy husk found with him on a crowded train.
  2. How the burden of proof operates under Sections 54 and 35 of the NDPS Act once possession is shown.
  3. Whether Avtar Singh v. State of Punjab helped the appellant.

Provisions considered

Held

Result

Appeal dismissed; conviction under Section 8 read with Section 15 of the NDPS Act affirmed; the appellant, who was on bail, directed to surrender within eight weeks to serve the remaining sentence.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 2008.