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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.
Punjab-Haryana High Court Cites 11 - Cited by 1 - A Chitkara - Full Document

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.
Supreme Court of India Cites 53 - Cited by 165 - D Misra - Full Document

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.
Supreme Court of India Cites 13 - Cited by 478 - D K Jain - Full Document
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