person in possession
of illicit articles to have committed the offence in case he fails
to account for the possession satisfactorily. Possession ... drawn from
possession of illicit articles.
27. In the factual scenario of the present case, not
only possession but conscious possession has been
established
must be a conscious possession.
It is highlighted that unless the possession was coupled with
requisite mental element, i.e. conscious possession and not mere ... possession
but conscious possession has been established. It has not been shown by
the accused-appellant that the possession was not conscious in the
logical
offence for
possession of such articles. It is submitted that in order to make the
possession illicit, there must be a conscious possession. Section ... case, though, there was evidence regarding conscious
possession, but, unfortunately, no question relating to possession, much less
conscious possession was put to the accused under
context the word
'possession' must mean possession with the requisite mental
element, that is, conscious possession and not mere custody without ... nature of such
possession. There is a mental element in the concept of
possession, which means that the possession must be
conscious possession. The Apex
context
the word 'possession' must mean possession with the
requisite mental element, that is, conscious possession
and not mere custody without the awareness ... context
the word 'possession' must mean possession with the
requisite mental element, that is, conscious possession
provisions of the Act
as they were not in conscious possession of the said gold recovered from
their residence. The appellants claimed that entire gold ... considering the evidence on record
that the gold seized was in conscious possession of the appellants.
However, this time, the Authorized Officer held that
conscious possession.
21. It is highlighted that unless the possession was coupled with
the requisite mental element i.e. conscious possession and not
mere custody ... physical possession
is given holds it subject to that power or control.
25. The word "possession" means the legal right to possession
conscious possession.
22. It is highlighted that unless the possession was
coupled with requisite mental element, i.e. conscious
possession and not mere custody without ... whom physical possession is given holds
it subject to that power.
26. The word 'possession' means the legal right to
possession (See Health
very outset, submitted that the prosecution miserably failed
to prove the conscious possession of the accused, in relation to the
poppy-husk, allegedly recovered from ... operated against them, that they were in conscious
possession thereof. Thereafter, it was for them, to rebut the presumption,
by leading cogent and convincing evidence
context the word 'possession' must mean possession with the requisite mental element, that is, conscious possession and not mere custody without the awareness ... nature of such possession. There is a mental element in the concept of possession. Accordingly, the ingredient of 'possession' in Section
