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When it comes to drug-related offences in India, the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) sets a strict framework. But not all offences under this Act are treated the same. If you’re wondering how courts look at possession versus consumption , the answer lies in the kind—and amount—of evidence needed. Let’s break it down. Drug Possession: What the Law Wants to See Possession means a person was found with a narcotic substance—either on their person, in their home, vehicle, or even in something they own (like a bag). But that alone isn’t enough. For a conviction, the prosecution must prove two key things: Physical Possession – The drug was found in the person’s control or space. Conscious Possession – The person knew about the drugs being there. If you didn’t know your friend slipped something into your bag, you can’t be held guilty easily. Also, Indian law has strict rules about how the search and seizure is done : Police must foll...