NDPS Act--Constructive Possession--Driving a Vehicle Alone, Without Control Over Seized Contraband, Does Not Attract Rigours of Section 37
Under the Narcotic Drugs and Psychotropic Substances Act, 1985, the concept of possession is not limited to physical recovery from the person of the accused. However, for the rigours of Section 37 to apply, it must be established prima facie that the accused exercised some control over the seized material. Merely driving a vehicle from which contraband is recovered from a passenger does not, by itself, constitute possession or constructive possession under the Act.
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