Supreme Court · 2010 INSC 593 · Decided 9 September 2010
Dharampal Singh v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2010 INSC 593 · [2010] 10 S.C.R. 1160
- Case number
- CRIMINAL APPEAL No. 1479/2008
- Decided
- 9 September 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NDPS Act Section 18
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 C - ss. 18, 35 and 54 - Punishment for contravention in relation to opium poppy and opium - Factum of 'conscious possession' - Held: Under s. 18, possession has to be conscious possession - Initial burden of proof of possession, lies on is discharged legal burden shifts on D accused - Once possession is established accused, who claims that it was not a conscious possession, has to establish it because it is within his special knowledge - Possession is a mental stqte and s. 35 gives statutory recognition to culpable mental state
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