SC reiterates strict presumption under NDPS Act Section 54 in poppy husk case; places burden on accused to rebut ‘conscious possession’. | The Legal Observer

The Supreme Court clarifies the scope of “conscious possession” under the NDPS Act, reinforcing stringent standards for accused persons.

In a notable decision included in the Supreme Court’s Half-Yearly Digest 2025, the apex court reaffirmed the presumption of guilt under Section 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985, while stressing the concept of “conscious possession” in narcotics-related cases.

The case involved an appellant who was convicted under Section 8 read with Section 15 of the NDPS Act for alleged possession of 50 kg of poppy husk. The defense contended that the seizure was not directly attributable to the accused and challenged the prosecution’s lack of direct evidence linking him to the contraband.

However, the Supreme Court upheld the conviction, emphasizing that once possession is established — even circumstantially — Section 54 activates a reverse burden, requiring the accused to prove that the possession was not conscious or intentional.

The Bench observed that the law mandates a stricter standard for narcotics offenses due to the nature of the crime and its social impact. “The burden of proof shifts upon recovery of contraband. The statutory presumption under Section 54 is not merely procedural but substantive,” the court noted.

The ruling reiterates the judiciary’s zero-tolerance stance on narcotic trafficking, while also reinforcing constitutional safeguards. Legal experts suggest that this judgment will shape upcoming defenses in cases where possession is indirect or disputed.

For a broader context on how this impacts ongoing cases and legal rights, explore our NDPS Legal Insights or catch expert breakdowns in our Video Section.

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