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In which case it was said that "to hold a person guilty, possession has to be conscious."

  • A.Ram Singh Vs. Central Bureau of Narcotics (AIR 2011SC 2490)
  • B.M. Prabhulal Vs. Assistant Director-(AIR 2003 SC 4311)
  • C.Balbir Kaur Vs. State of Punjab (AIR 2009 SC 3036)
  • D.Madan Lal and another Vs. State of Himachal Pradesh (AIR 2003 SC 3642)

Answer: A

The remark comes from Ram Singh v Central Bureau of Narcotics.

In that decision the Supreme Court said, in paragraph 24, "It is trite that to hold a person guilty, possession has to be conscious." The case, which asked whether a hotel servant was in possession of his master's contraband, is the source of the sentence in the question.

Madan Lal v State of Himachal Pradesh (2003) is the best-known authority on conscious possession under the NDPS Act and states the same principle in other words, so it is tempting, but the quoted line is Ram Singh's. M. Prabhulal and Balbir Kaur are other NDPS decisions that are not the source of the sentence.

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