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1 - 6 of 6 (0.25 seconds)Mohanlal vs State Of Rajasthan on 13 April, 1970
4. 'Possession' of the house for the purpose of
Abkari Act means physical possession of the house with
animus custody or domain over the prohibited articles
such as wash, utensils, implements, apparatus and arrack
in that house. Therefore, possession has to prove that
house No.V/606 of Kunnathoor Panchayath belongs to the
appellant and he has physical possession over the
prohibited substance and concealed those articles in that
house for manufacturing the prohibited substance with
animus custody and control. Apex Court while discussing
the provision of Narcotic Drugs and Psychotropic
Substance Act in Mohanlal V. State of Rajasthan
[2015 (5) SCALE 330] held that;
Ghuran Yadav vs State Of Bihar on 18 January, 1971
7. A three bench decision of the Apex Court in
Ghuran Yadav v. State of Bihar [AIR 1971 SC 1641]
held that the conviction of a person under Sec.47 of the
Bihar and Orissa Excise Act is illegal when there is no
legal evidence to show that it was the house of the
accused which was searched.
Section 47 in The Bihar and Orissa Excise Act, 1915 [Entire Act]
Section 18 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
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