Kerala High Court: Ownership of Vehicle Not Necessary to Prove Possession of Drugs Under NDPS Law

The Kerala High Court has ruled that the prosecution does not need to prove ownership of a vehicle to establish possession of illegal drugs if the accused were found travelling inside it with the contraband. The Court observed that insisting on proof of ownership would allow offenders using stolen or fake-registered vehicles to escape liability under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The judgment came while dismissing appeals filed by four persons convicted for possessing three kilograms of ganja. They had challenged the trial court's decision on several grounds, including the failure to establish ownership of the vehicle and minor differences in the recorded weight of drug samples.

The High Court held that possession and control over the vehicle at the time of recovery were sufficient to establish conscious possession of the contraband. It stated that legal ownership of the vehicle was not a necessary requirement for conviction under the NDPS Act.

The Court also rejected the argument that a slight reduction in the weight of the samples at the forensic laboratory weakened the prosecution's case. It explained that organic substances such as ganja naturally lose moisture over time, and laboratory weighing instruments are more precise than ordinary scales. Since the samples were properly sealed and no tampering was reported by forensic experts, the variation was considered insignificant.

Finding no procedural irregularities that affected the evidence, the High Court upheld the conviction and sentence imposed by the trial court, dismissed both appeals, cancelled the appellants' bail, and directed them to surrender and complete their remaining sentence.