Prima facie case

5 cases · January 2025 to October 2025

Key Issues & Sub-Topics

drugs were in plain sight and can be seen by all and sundry as it was not covered or hidden — mere knowledge of the presence of the drugs on the wall of the tangki, without more, can never constitute possession — the compound of SAJ reservoir not guarded for more than 10 hours until the next day — possibility someone other than accused have the access cannot be discounted — prosecution failed to prove accused was in possession of the drugs 1 case

prosecution had failed to make out a prima facie case against NFS in all the charges in accordance with s180 CPC — NFS was acquitted and discharged 1 case

accused has physical possession of the Drugs — custody and control over the Drugs — can be inferred from the conduct of the accused that he had knowledge of the Drugs that were inside the bag 1 case

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