Basheer @ N.P. Basheet vs State Of Kerala

The Supreme Court upheld the conviction of the appellant under Section 21 of the NDPS Act, confirming the sentence of 10 years imprisonment and a fine of Rs 1 lakh. The Court ruled that the burden of proof regarding the intended use of the small quantity of brown sugar recovered lies with the accused, as per Explanation (2) of Section 27 of the NDPS Act. The appellant's claim of personal consumption was rejected due to lack of evidence, and the Court distinguished the case from Alpesh Kumar v. State of Rajasthan, emphasizing the absence of a specific plea for personal use.