NDPS Act. In the present matter, a huge quantity of narcotic material believed to be Ganja along with large quantity of country made wine was recovered from the house of both the petitioners and there is no the plea by the petitioners that they were not living in their alleged house when recovery of the contrabands were made from their house and when such large quantity of prohibited materials are kept in a particular house then the owner or a person who permanently resides in such house cannot take the defence that he had no knowledge about the presence of such materials in his house and it will be presumed that such materials were in his knowledge. In the present matter, the alleged narcotic contraband and wine were recovered from the house of both the petitioners and the same were in large quantity, so it can be easily presumed that the alleged contrabands were in their knowledge and the same were in their physical possession also and the said facts are sufficient to show the petitioners’ prima facie involvement in the allegation of smuggling and keeping the alleged contrabands in their possession, so in view of the provisions of Section 37(1)(b) of NDPS Act, both the petitioners do not deserve to privilege of bail and it cannot be believed that both the petitioners were not involved in the commission of the alleged occurrence.
