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1 - 10 of 17 (0.28 seconds)Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 35 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 54 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 67 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 22 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Dharmpal Singh @ Dharma Bazigar And Anr vs State Of Punjab And Others on 27 September, 2022
26. What amounts to "conscious possession" was
also considered in Dharmpal Singh v. State of Punjab,
where it was held that the knowledge of possession of
contraband has to be gleaned from the facts and
circumstances of a case. The standard of conscious
possession would be different in case of a public transport
vehicle with several persons as opposed to a private
vehicle with a few persons known to one another.
Mohan Lal vs State Of Rajasthan on 17 April, 2015
In
Mohan Lal v. State of Rajasthan, this Court also observed
8
SKS,J
Crl.A.No.2633 of 2018
that the term "possession" could mean physical
possession with animus; custody over the prohibited
substances with animus; exercise of dominion and control
as a result of concealment; or personal knowledge as to
the existence of the contraband and the intention based
on this knowledge.
Union Of India vs Rattan Mallik @ Habul on 23 January, 2009
28. As regards the finding of the High Court
regarding absence of recovery of the contraband from the
possession of the respondent, we note that in Union of
India v. Rattan Mallik, a two-Judge Bench of this Court
cancelled the bail of an accused and reversed the finding
of the High Court, which had held that as the contraband
(heroin) was recovered from a specially made cavity above
the cabin of a truck, no contraband was found in the
"possession" of the accused. The Court observed that
merely making a finding on the possession of the
contraband did not fulfill the parameters of Section
31(1)(b) and there was non-application of mind by the
High Court.