As per the case facts the appellant was convicted under the NDPS Act after being found with contraband following a secret tip A co-accused who was also in the vehicle ... was acquitted by a lower court a finding the prosecution accepted The appeal questioned the application of a legal presumption against the appellant regarding possession particularly when the circumstances surrounding the recovery and the co-accused's acquittal were peculiar The question arose whether the legal presumption of possession under the NDPS Act can be invoked if the initial establishment of recovery from the accused is not clear especially when a co-accused sharing similar circumstances has been acquitted Finally the Supreme Court indicated that for the presumption under the Act to apply the recovery of contraband from the accused must first be definitively established noting the unusual acquittal of the co-accused as a factor