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1 - 6 of 6 (0.23 seconds)Section 54 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Madan Lal And Anr vs State Of Himachal Pradesh on 19 August, 2003
The word 'conscious' means awareness about a particular fact.
It is the state of mind, which is deliberate or intended. The possession
Crl. Appeal No.956-SB of 2000 8
need not be physical possession, but can be constructive, having power
and control over the article, while the person whom physical possession
is given holds it subject to that power or control. The accused was in
exclusive knowledge and possession of the bags, containing poppy-husk.
Keeping in view the principle of law, laid down, in the aforesaid case, the
provisions of Sections 54 and 35 of the Act, and the evidence produced,
on record, the trial Court, in my opinion, was right in coming to the
conclusion, that the accused was in conscious possession of the bags,
containing poppy-husk. In this view of the matter, the submission of the
Counsel for the appellant, being without merit, must fail, and the same
stands rejected.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
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