Gunwantlal vs The State Of Madhya Pradesh on 3 May, 1972
"For prosecution under the Arms Act, it needs to be
proved that the accused had the knowledge or
consciousness of possession. "Possession", for the
purposes of prosecution must mean possession with
the requisite mental element, i.e. conscious
possession and not mere custody without awareness
(refer to Gunwantlal vs. The State of Madhya
Pradesh, AIR 1972 SC 1756; Sanjay Dutt vs. State
through CBI, Bombay (II), (1994) 5 SCC 410)."