Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 20, 25 & 35—Recovery of contraband from truck—Conviction of appellant/registered owner of truck—Appeal—Neither the appellant nor the driver and cleaner of truck were arrested from the spot—Prosecution has failed to produce any material on record to show that the vehicle in question, if was used for any illegal activity, was used with the knowledge and consent of the appellant—Even presumption as provided for under HYPERLINK "https://indiankanoon.org/doc/852142/" Section 35 of the NDPS Act will not be available for the reason that prosecution had failed to discharge initial burden on it to prove the foundational facts—Onus cannot be shifted on accused to prove his innocence without the foundation facts having been proved by the prosecution—Conviction set aside.
[Paras 7, 11 & 12]