Conscious Possession Archives

Receiving package not conscious possession NDPS

‘Merely receiving package, unaware of its contents, not ‘conscious possession’ underNDPS Act’; Delhi HC grants bail to man caught with LSD paper blots

The accused has continuously maintained that he had no knowledge of the parcel and was only collecting it for his neighbour. In this regard, he even showed the NCB officials the WhatsApp message sent to him by his neighbour instructing him to go to collect the parcel. The role ascribed to the accused appears confined to the act of collecting the parcel. There are no incriminating call records, financial transactions or digital communications that show that the accused had purchased any of the contraband seized from him.

Case Briefs High Courts

“No ‘conscious possession’ of ammunition”: Delhi High Court quashes FIR against pilot trainee but imposes cost for lack of vigilance

The petitioner contended that he was undergoing training in South Africa to become a commercial pilot and was sharing a dormitory with other students who frequently borrowed his baggage for trips to shooting ranges for target practice.

Case Briefs High Courts

Guj HC | No Conscious possession; Court upholds acquittal under NDPS Act

Gujarat High Court: The Division Bench of S.H. Vora and Sandeep N. Bhatt, JJ., dismissed an application for special leave to appeal

Case Briefs High Courts

Del HC | Charge framed under S.30 of Arms Act quashed in absence of “conscious” possession of live cartridge

Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed against the order of farming of charge, whereby the petitioner was charged for

Case Briefs High Courts

Del HC | “Possession” under S. 25 Arms Act is to be backed by mental element to make it the requisite “conscious possession”

Delhi High Court: Sangita Dhingra Sehgal, J., quashed an FIR registered against the petitioner under Section 25 of the Arms Act, 1959 for