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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Sikkim - Subsection

Section 16(1) in Sikkim Anti Drugs Act, 2006

(1)In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defense for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.Explanation. - In this section "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe a fact.