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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