AIR 2015 SUPREME COURT 2098

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Dipak Misra, S. A. Bobde , JJ

(A) Words and Phrases , — Word 'possession' - In context of any enactment - Would depend upon object of enactment - Appropriate meaning has to be assigned to said word to effectuate the said object. (Para 11) (B) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.18, S.35— Term 'possession'under S. 18 - Mean physical possession with animus, custody or dominion over prohibited substances with animus - Or even exercise of dominion and control as a result of concealment - Accused led to discovery of prohibited substance which was within his special knowledege - Held, that he was in possession of contraband. @page-SC2099 The legislature while enacting the (NDPS Act) was absolutely aware of the said concept of conscious possession and that the word 'possession' refers to a mental state as is noticeable from the language employed in S. 35 of the Act. It includes knowledge of a fact. That apart, S. 35 raises a presumption as to knowledge and culpable mental state from the possession of illicit articles. The expression 'possess or possessed' is often used in connection with statutory offences of being in possession of prohibited drugs and contraband substances. Conscious or mental state of possession is necessary and that is the re....