Dharampal Singh vs. State of Punjab (2010) 9 SCC 608
What is conscious possession in NDPS cases?
13. It needs no emphasis that the expression
“possession” is not capable of precise and completely logical
definition of universal application in the context of all the statutes.
“Possession” is a polymorphous word and cannot be uniformly applied,
it assumes different colour in different context. In the context of Section 18
of the Act once possession is established the accused, who claims that it was
not a conscious possession has to establish it because it is within his special
knowledge.
….
15. From a plain reading of the aforesaid it is
evident that it creates a legal fiction and presumes the person in possession
of illicit articles to have committed the offence in case he fails to account
for the possession satisfactorily. Possession is a mental state and
Section 35 of the Act gives statutory recognition to culpable mental
state. It includes knowledge of fact. The possession, therefore, has to
be understood in the context thereof and when tested on this anvil, we
find that the appellants have not been able to satisfactorily account
for the possession of opium.