Supreme Court of India

Dharampal Singh v. State of Punjab

Neutral citation
Reported as [2010] 10 S.C.R. 1160
Bench Harjit Singh Bedi and Chandramauli Kr. Prasad JJ.
Decided 9 September 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid this case is of no assistance to the appellants.

Judgment, page 14

From the headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 - ss. 18, 35 and 54 - Punishment for contravention in relation to opium poppy and opium - Factum of 'conscious possession' - Held: Under s. 18, possession has to be conscious possession - Initial burden of proof of possession, lies on prosecution and once it is discharged legal burden shifts on accused - Once possession is established accused, who claims that it was not a conscious possession, has to establish it because it is within his special knowledge - Possession is a mental stqte and s. 35 gives statutory recognition to culpable

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