Discussion
Which of the following is true regarding the presumption of possession under the Narcotic Drugs and Psychotropic Substances Act ?
Answer: C
The true statement is that if illegal drugs are found in possession, the burden shifts to the accused to explain.
Section 54 of the NDPS Act lets the Court presume, unless the contrary is proved, that the accused committed an offence when he is found in possession of narcotic drugs or psychotropic substances he cannot satisfactorily account for. Section 35 adds a presumption of culpable mental state.
Possession itself is an offence, without proof of consumption, and the burden does not always stay on the prosecution, so options A, B and D are wrong.
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