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[Cites 0, Cited by 13] [Section 35] [Entire Act]

Union of India - Subsection

Section 35(1) in The Narcotic Drugs And Psychotropic Substances Act, 1985

(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 defence 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.