A bare perusal of the NDPS Act may reveals that there is no mention of the term ‘Conscious Possession’ in the act whatsoever, yet several judgments have been laid down by various High Courts and the Apex Court laying emphasis on the same.

The expression ‘Possession‘ has more than one meaning. In its literal sense it means “the state of having, owning, or controlling something.” Meaning thereby the physical control over something, over which a person has the power of control. As long the has something in his possession it is under his personal protection. The person cannot be said to have possession over anything if he does not have the dominion of power over it. For example, a person cannot be accused to be in possession of drugs if the same is found in his open wrist while he fast asleep.

The second requisite being ‘consciousness‘ of having control over something, consciousness is relative to the mental element, which involves a person who is aware that he is in possession of a particular thing or an object. Thereby meaning, consciousness is a state of mind which is deliberate or intended.

The principle of Conscious Possession applies under NDPS Act, which stipulates that an accused should have physical control over the stipulated contraband/drug and such possession should followed by mental knowledge i.e. awareness of being in control and possession of the same. Unless the possession is followed by the requisite mental element i.e. Conscious Possession and not merely limited to the custody without awareness of the nature of such possession, conviction under NDPS Act will not be sustained.

Criminal law follows the maxim “Actus Non Facit Reum Nisi Mens Sit Rea” which stipulates that no person shall not be held guilty of commission of an offence without guilty intention. The maxim allows the Court not to punish a person without the requisite intent ‘Mens Rea’ to commit a crime, NDPS Act is also bound by the same principle as it does not allow the punishment of a person without the proven intention or knowledge of commission of the act.

The High Court of Rajasthan has held in its landmark judgment in the case of “Ashok Kumar vs. Union of India(2002 Cri LJ 355, 2002 (3) WLN 162, 2002 (3) WLN 162)

“There are, therefore, their requisites of possession. First, there must be actual or potential physical control. Secondly, physical control is not possession unless accompanied by intention; if a thing is put into the hand of a sleeping person, he has no possession of it. Thirdly, the possibility and intention must be visible or evidenced by external signs, for if the thing shows no signs of being under the control of anyone, it is not possessed….”

Therefore, in every trial pertaining to NDPS Act, it is to be first ascertained whether the accused had the knowledge or intention to commit the offence.

CONSCIOUS POSSESSION OF DRUGS UNDER THE NDPS ACT

A bare perusal of the NDPS Act may reveals that there is no mention of the term ‘Conscious Possession’ in the act whatsoever, yet several judgments have been laid down by various High Courts and the Apex Court laying emphasis on the same.

The expression ‘Possession‘ has more than one meaning. In its literal sense it means “the state of having, owning, or controlling something.” Meaning thereby the physical control over something, over which a person has the power of control. As long the has something in his possession it is under his personal protection. The person cannot be said to have possession over anything if he does not have the dominion of power over it. For example, a person cannot be accused to be in possession of drugs if the same is found in his open wrist while he fast asleep.

The second requisite being ‘consciousness‘ of having control over something, consciousness is relative to the mental element, which involves a person who is aware that he is in possession of a particular thing or an object. Thereby meaning, consciousness is a state of mind which is deliberate or intended.

The principle of Conscious Possession applies under NDPS Act, which stipulates that an accused should have physical control over the stipulated contraband/drug and such possession should followed by mental knowledge i.e. awareness of being in control and possession of the same. Unless the possession is followed by the requisite mental element i.e. Conscious Possession and not merely limited to the custody without awareness of the nature of such possession, conviction under NDPS Act will not be sustained.

Criminal law follows the maxim “Actus Non Facit Reum Nisi Mens Sit Rea” which stipulates that no person shall not be held guilty of commission of an offence without guilty intention. The maxim allows the Court not to punish a person without the requisite intent ‘Mens Rea’ to commit a crime, NDPS Act is also bound by the same principle as it does not allow the punishment of a person without the proven intention or knowledge of commission of the act.

The High Court of Rajasthan has held in its landmark judgment in the case of “Ashok Kumar vs. Union of India(2002 Cri LJ 355, 2002 (3) WLN 162, 2002 (3) WLN 162)

“There are, therefore, their requisites of possession. First, there must be actual or potential physical control. Secondly, physical control is not possession unless accompanied by intention; if a thing is put into the hand of a sleeping person, he has no possession of it. Thirdly, the possibility and intention must be visible or evidenced by external signs, for if the thing shows no signs of being under the control of anyone, it is not possessed….”

Therefore, in every trial pertaining to NDPS Act, it is to be first ascertained whether the accused had the knowledge or intention to commit the offence.

Written:

Advocate Rohit Dhankar

119 Replies to “CONSCIOUS POSSESSION OF DRUGS UNDER THE NDPS ACT”

  1. If you want to get a good deal from this piece of writing then you have to apply these methods to your won web site.

  2. Greetings! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My website looks weird when viewing from my apple iphone. I’m trying to find a theme or plugin that might be able to fix this issue. If you have any recommendations, please share. Many thanks!

  3. Hi there! I could have sworn I’ve visited this website before but after going through a few of the posts I realized it’s new to me. Anyways, I’m certainly pleased I stumbled upon it and I’ll be bookmarking it and checking back often!

  4. Way cool! Some extremely valid points! I appreciate you penning this article and also the rest of the website is very good.

  5. all the time i used to read smaller content which also clear their motive, and that is also happening with this post which I am reading now.

  6. Asking questions are genuinely nice thing if you are not understanding anything entirely, but this article presents good understanding yet.

  7. I’m not sure exactly why but this blog is loading extremely slow for me. Is anyone else having this issue or is it a issue on my end? I’ll check back later on and see if the problem still exists.

  8. Simply wish to say your article is as astonishing. The clearness to your publish is simply great and that i could think you’re knowledgeable in this subject. Fine with your permission let me to seize your RSS feed to stay up to date with imminent post. Thank you a million and please carry on the rewarding work.

  9. Hello just wanted to give you a quick heads up. The words in your post seem to be running off the screen in Safari. I’m not sure if this is a formatting issue or something to do with web browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the issue solved soon. Cheers

  10. I know this if off topic but I’m looking into starting my own blog and was wondering what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100% positive. Any recommendations or advice would be greatly appreciated. Thank you

  11. What’s up, its fastidious article on the topic of media print, we all be aware of media is a great source of facts.

  12. Hello, i think that i saw you visited my site thus i came to “return the favor”.I am trying to find things to enhance my website!I suppose its ok to use a few of your ideas!!

  13. Does your site have a contact page? I’m having problems locating it but, I’d like to shoot you an e-mail. I’ve got some suggestions for your blog you might be interested in hearing. Either way, great website and I look forward to seeing it improve over time.

  14. It’s amazing to pay a visit this web site and reading the views of all colleagues on the topic of this paragraph, while I am also keen of getting knowledge.

  15. Thankfulness to my father who informed me concerning this weblog, this weblog is truly awesome.

  16. I know this if off topic but I’m looking into starting my own blog and was wondering what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web smart so I’m not 100% certain. Any tips or advice would be greatly appreciated. Thanks

  17. I must thank you for the efforts you’ve put in penning this site. I am hoping to view the same high-grade blog posts by you later on as well. In fact, your creative writing abilities has encouraged me to get my very own site now 😉

  18. Fantastic post however I was wondering if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit further. Many thanks!

  19. If you are going for most excellent contents like I do, only visit this web site daily for the reason that it gives feature contents, thanks

  20. hey there and thank you for your information – I’ve definitely picked up anything new from right here. I did however expertise some technical points using this site, since I experienced to reload the web site lots of times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will very frequently affect your placement in google and can damage your high quality score if ads and marketing with Adwords. Anyway I am adding this RSS to my e-mail and can look out for much more of your respective exciting content. Make sure you update this again very soon.

  21. Link exchange is nothing else however it is only placing the other person’s website link on your page at proper place and other person will also do same in favor of you.

  22. Thanks to my father who informed me regarding this website, this weblog is genuinely remarkable.

  23. Hello! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone4. I’m trying to find a template or plugin that might be able to fix this issue. If you have any suggestions, please share. Appreciate it!

  24. Hey there! I know this is somewhat off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having difficulty finding one? Thanks a lot!

  25. Actually no matter if someone doesn’t be aware of then its up to other viewers that they will assist, so here it occurs.

  26. Appreciation to my father who informed me regarding this blog, this webpage is truly amazing.

  27. First off I would like to say terrific blog! I had a quick question that I’d like to ask if you don’t mind. I was interested to know how you center yourself and clear your head prior to writing. I have had a difficult time clearing my thoughts in getting my thoughts out. I do take pleasure in writing however it just seems like the first 10 to 15 minutes are generally lost simply just trying to figure out how to begin. Any suggestions or tips? Appreciate it!

  28. Everything is very open with a really clear description of the challenges. It was definitely informative. Your website is very useful. Thanks for sharing!

  29. Greetings! I’ve been following your blog for a long time now and finally got the courage to go ahead and give you a shout out from Dallas Texas! Just wanted to mention keep up the great job!

  30. Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.

  31. Hello there! This post could not be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing!

  32. What a material of un-ambiguity and preserveness of valuable knowledge concerning unexpected emotions.

  33. great issues altogether, you just won a new reader. What could you recommend in regards to your submit that you made some days in the past? Any sure?

  34. I read this post fully regarding the difference of most up-to-date and preceding technologies, it’s awesome article.

  35. This site truly has all the information I wanted about this subject and didn’t know who to ask.

  36. Your style is so unique compared to other folks I’ve read stuff from. I appreciate you for posting when you have the opportunity, Guess I’ll just book mark this web site.

  37. Having read this I thought it was very enlightening. I appreciate you finding the time and energy to put this article together. I once again find myself spending a significant amount of time both reading and commenting. But so what, it was still worth it!

  38. You really make it seem really easy with your presentation however I find this matter to be really something that I think I might by no means understand. It sort of feels too complex and very vast for me. I am having a look forward on your next submit, I’ll attempt to get the cling of it!

  39. I’m not sure where you’re getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  40. Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you aided me.

  41. Great web site you have got here.. It’s hard to find quality writing like yours these days. I seriously appreciate people like you! Take care!!

  42. Fastidious response in return of this question with firm arguments and telling all concerning that.

  43. I for all time emailed this website post page to all my friends, as if like to read it then my friends will too.

  44. hi!,I like your writing very so much! proportion we communicate extra approximately your article on AOL? I require an expert in this area to solve my problem. May be that is you! Looking ahead to see you.

  45. Magnificent website. A lot of useful info here. I’m sending it to several pals ans additionally sharing in delicious. And naturally, thanks in your effort!

  46. It is actually a great and useful piece of information. I am happy that you simply shared this useful info with us. Please stay us informed like this. Thanks for sharing.

  47. Hi to every body, it’s my first pay a quick visit of this blog; this weblog includes awesome and really good data in support of visitors.

  48. This information is worth everyone’s attention. When can I find out more?

  49. Awesome! Its actually amazing post, I have got much clear idea on the topic of from this post.

  50. Thanks for the auspicious writeup. It in reality used to be a enjoyment account it. Look complicated to more delivered agreeable from you! By the way, how could we communicate?

  51. A motivating discussion is worth comment. I believe that you need to write more on this subject, it may not be a taboo matter but usually people don’t talk about these issues. To the next! Cheers!!

  52. Very energetic blog, I liked that a lot. Will there be a part 2?

  53. It’s fantastic that you are getting thoughts from this article as well as from our dialogue made at this time.

  54. What i don’t realize is in truth how you’re now not actually much more well-liked than you might be now. You’re very intelligent. You already know thus significantly on the subject of this matter, made me personally imagine it from so many various angles. Its like women and men aren’t involved except it’s one thing to do with Girl gaga! Your personal stuffs nice. At all times care for it up!

  55. Hi! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a outstanding job!

  56. I used to be recommended this website through my cousin. I’m now not sure whether this put up is written by him as no one else understand such precise approximately my problem. You are incredible! Thanks!

  57. Why viewers still make use of to read news papers when in this technological globe the whole thing is accessible on web?

  58. Hi this is kind of of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding knowledge so I wanted to get advice from someone with experience. Any help would be greatly appreciated!

  59. No matter if some one searches for his essential thing, so he/she wishes to be available that in detail, so that thing is maintained over here.

  60. I am sure this paragraph has touched all the internet viewers, its really really pleasant article on building up new website.

  61. I want to to thank you for this fantastic read!! I definitely loved every bit of it. I have you bookmarked to check out new stuff you post…

  62. Good replies in return of this difficulty with real arguments and telling the whole thing about that.

  63. It’s really a nice and useful piece of info. I am glad that you shared this useful info with us. Please keep us up to date like this. Thank you for sharing.

  64. I simply could not go away your site before suggesting that I really enjoyed the standard info a person provide on your guests? Is gonna be again regularly in order to inspect new posts

  65. Everything is very open with a clear clarification of the challenges. It was really informative. Your site is very useful. Many thanks for sharing!

  66. Just wish to say your article is as astounding. The clearness in your post is just great and i can assume you’re an expert on this subject. Well with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please carry on the gratifying work.

  67. Awesome blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog stand out. Please let me know where you got your design. Cheers

  68. Hi there to all, it’s actually a fastidious for me to go to see this web site, it consists of precious Information.

  69. I’m extremely inspired with your writing abilities and also with the layout in your blog. Is this a paid topic or did you customize it yourself? Anyway keep up the nice high quality writing, it’s rare to look a nice weblog like this one nowadays..

  70. I am now not certain the place you are getting your info, however great topic. I must spend a while finding out much more or figuring out more. Thanks for magnificent information I was looking for this information for my mission.

  71. I have read so many content about the blogger lovers except this paragraph is genuinely a nice paragraph, keep it up.

  72. Thank you for the auspicious writeup. It in truth was a amusement account it. Look advanced to more added agreeable from you! However, how could we keep up a correspondence?

  73. Hey! Someone in my Facebook group shared this website with us so I came to give it a look. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Exceptional blog and brilliant design and style.

  74. Hello! I just wish to give you a huge thumbs up for the excellent information you’ve got here on this post. I will be returning to your web site for more soon.

  75. Thanks for the auspicious writeup. It in truth was once a amusement account it. Glance complicated to far delivered agreeable from you! However, how can we be in contact?

  76. I am in fact happy to glance at this weblog posts which consists of lots of useful data, thanks for providing such data.

  77. you’re truly a excellent webmaster. The web site loading speed is incredible. It sort of feels that you are doing any unique trick. Furthermore, The contents are masterpiece. you’ve performed a wonderful job in this matter!

  78. Hi there Dear, are you genuinely visiting this web site daily, if so then you will without doubt get good know-how.

  79. Hurrah, that’s what I was seeking for, what a stuff! present here at this weblog, thanks admin of this web page.

  80. Hello, Neat post. There is an issue together with your site in internet explorer, may test this? IE still is the marketplace chief and a good portion of other people will miss your fantastic writing due to this problem.

  81. This is really interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your excellent post. Also, I have shared your website in my social networks!

  82. Hi, I do think this is a great web site. I stumbledupon it 😉 I may revisit yet again since I book marked it. Money and freedom is the best way to change, may you be rich and continue to guide others.

  83. We’re a gaggle of volunteers and opening a brand new scheme in our community. Your site offered us with valuable info to work on. You have done an impressive process and our whole neighborhood will likely be grateful to you.

  84. Hello, i think that i saw you visited my website thus i came to “return the favor”.I’m attempting to find things to improve my site!I suppose its ok to use a few of your ideas!!

  85. Helpful information. Fortunate me I found your web site accidentally, and I am stunned why this coincidence did not happened in advance! I bookmarked it.

  86. There’s definately a great deal to learn about this issue. I love all the points you’ve made.

  87. Hi there, I think your blog could be having web browser compatibility problems. Whenever I take a look at your website in Safari, it looks fine however when opening in Internet Explorer, it’s got some overlapping issues. I simply wanted to give you a quick heads up! Other than that, wonderful website!

  88. For the reason that the admin of this site is working, no hesitation very soon it will be famous, due to its quality contents.

  89. I think this is one of the most vital info for me. And i’m glad reading your article. But should remark on some general things, The website style is great, the articles is really excellent : D. Good job, cheers

  90. Spot on with this write-up, I honestly feel this web site needs a great deal more attention. I’ll probably be back again to read more, thanks for the info!

  91. Hi, I do think this is an excellent site. I stumbledupon it 😉 I am going to return yet again since i have book marked it. Money and freedom is the best way to change, may you be rich and continue to help other people.

  92. Thank you for any other magnificent article. Where else could anyone get that kind of information in such an ideal manner of writing? I’ve a presentation next week, and I’m at the look for such information.

  93. I was very happy to uncover this website. I want to to thank you for ones time due to this wonderful read!! I definitely really liked every bit of it and I have you saved as a favorite to look at new information on your site.

  94. I do trust all of the ideas you have presented for your post. They’re really convincing and will definitely work. Still, the posts are very quick for novices. Could you please lengthen them a bit from next time? Thank you for the post.

  95. This design is incredible! You obviously know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!

  96. Very good article. I will be experiencing many of these issues as well..

  97. I’m impressed, I have to admit. Rarely do I encounter a blog that’s equally educative and entertaining, and let me tell you, you have hit the nail on the head. The issue is an issue that too few people are speaking intelligently about. I am very happy that I found this in my search for something regarding this.

  98. Great beat ! I would like to apprentice even as you amend your website, how could i subscribe for a weblog site? The account helped me a acceptable deal. I had been a little bit familiar of this your broadcast provided bright clear idea

  99. Appreciate this post. Will try it out.

  100. For the reason that the admin of this web page is working, no hesitation very soon it will be famous, due to its quality contents.

  101. Hey! I’m at work surfing around your blog from my new iphone 3gs! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the outstanding work!

  102. Somebody essentially help to make significantly posts I might state. That is the first time I frequented your website page and to this point? I amazed with the research you made to create this actual put up incredible. Excellent activity!

  103. I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get got an nervousness over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly very often inside case you shield this hike.

  104. Hey there! I realize this is sort of off-topic however I needed to ask. Does managing a well-established website such as yours require a massive amount work? I am completely new to operating a blog however I do write in my diary every day. I’d like to start a blog so I can share my experience and views online. Please let me know if you have any kind of recommendations or tips for brand new aspiring blog owners. Appreciate it!

  105. What’s up, I read your blog daily. Your story-telling style is awesome, keep doing what you’re doing!

  106. Greetings I am so glad I found your webpage, I really found you by mistake, while I was looking on Yahoo for something else, Anyhow I am here now and would just like to say kudos for a tremendous post and a all round entertaining blog (I also love the theme/design), I don’t have time to look over it all at the moment but I have book-marked it and also added in your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the great jo.

  107. Hey there just wanted to give you a brief heads up and let you know a few of the pictures aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  108. I read this article fully regarding the resemblance of latest and preceding technologies, it’s awesome article.

  109. Hi! I just wanted to ask if you ever have any issues with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no backup. Do you have any methods to prevent hackers?

  110. You really make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  111. Hi there, just became alert to your blog through Google, and found that it’s really informative. I’m going to watch out for brussels. I will appreciate if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  112. It’s hard to come by well-informed people for this topic, but you seem like you know what you’re talking about! Thanks

  113. It’s an remarkable post designed for all the web viewers; they will get benefit from it I am sure.

  114. If some one desires to be updated with hottest technologies after that he must be pay a quick visit this website and be up to date daily.

  115. I’ve been browsing online more than three hours nowadays, yet I by no means found any attention-grabbing article like yours. It’s beautiful value enough for me. In my view, if all site owners and bloggers made good content as you did, the net shall be a lot more helpful than ever before.

  116. Hmm it looks like your website ate my first comment (it was extremely long) so I guess I’ll just sum it up what I had written and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to the whole thing. Do you have any tips for first-time blog writers? I’d really appreciate it.

  117. Thanks , I’ve recently been looking for information about this topic for a while and yours is the best I have discovered so far. But, what about the conclusion? Are you sure in regards to the supply?

  118. I do believe all the ideas you have introduced on your post. They’re really convincing and will definitely work. Still, the posts are very brief for beginners. May you please extend them a bit from subsequent time? Thanks for the post.

  119. Greate pieces. Keep posting such kind of information on your page. Im really impressed by your site.
    Hey there, You have performed a fantastic job. I will definitely digg it and personally recommend to my friends. I’m confident they will be benefited from this website.

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.