KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE question that has been referred to the Full Bench for decision is regarding the correct meaning of "possession" in the context of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Under what circumstances and in what manner is the presumption of "culpable mental state" to be raised under Section 35 of the Act. Furthermore, under what circumstances and in what manner is the court to presume that the accused committed an offence, in respect of possession of any drug, the possession of which he fails to account satisfactorily. This presumption being raised under Section 54 of the Act. Section 35 reads as under :-

(2.) SECTION 54 reads as under :-

(3.) LEARNED Additional Sessions Judge, Patiala vide his judgment dated July 13, 1999 found both the accused guilty under Section 15 of the Act and sentenced them to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1.00 lac and in default of payment of fine to further undergo rigorous imprisonment for one year.