Supreme Court · 1973 INSC 116 · Decided 4 May 1973
Inder Sain v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 1973 INSC 116 · [1974] 1 S.C.R. 215
- Case number
- CRIMINAL APPEAL No. 44/1970
- Decided
- 4 May 1973
- Bench
- I.D. DUA, KUTTYIL KURIEN MATHEW (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
Headnote
Opium Act 1 of 1878, Ss. 9 (a) ar.d lO-Possessio11 of opium when an offence under s. 9(a)-Me11s rea whether a necessary ingredient-Presuntption under s. 10, scope of-Presumption when displaced. Th~. appellant obtained possession of a parcel purporting to contain apples after presentin~ before the The parcel on being opened was found to Contain a considerable quantity of opium besides apple-s. At his trial for an offence under s. 9(a) of the Opium Act 1878 he however denied tbat he had anythin~ to do with the parcel. There was ·no evidence that the appellant was aware that the
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