Conscious Possession of Drugs under NDPS Act
The phrase “conscious possession” is not used explicitly in the NDPS Act, but it has been defined in a number of court rulings based on the particular needs and circumstances of each case. The following is stated in Section 35 of the NDPS Act:
- The Court will presume that the accused was in a guilty state of mind when the accused commits the felony charged under this Act, but the defendant may refute this presumption with proof to the contrary. The phrase “culpable state of mind” in this context refers to intent, motivation, knowledge of a fact, as well as a belief in or justification for a fact.
- For the purposes of this section, a fact is only considered proven if the court is of the opinion that it exists beyond a reasonable doubt, not only if its existence may be shown by a preponderance of the evidence. From the foregoing, it may be inferred that conscious possession refers to having both a physical and a mental state of possession when in possession of an illicit substance.
- The elements of “Actus Reus” and “Mens Rea,” as defined by criminal law, are crucial components of a criminal offence. Similarly, under the NDPS Act, the physical and mental possession of narcotics are crucial factors to constitute an offence.
- The courts have ruled time and time again that in order to be considered in possession of illegal substances or psychoactive chemicals, there must also be mental control. The court went so far as to say that depending on the context, the word “possession” can indicate a variety of different things. Therefore, it may be inferred that the word “conscious possession” is ambiguous and should be used in accordance with its context and with some caution.
Narcotic Drugs and Psychotropic Substances (NDPS) Act
To combat drug misuse and outlaw its use, distribution, manufacturing, and trade, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) was enacted in 1985. Narcotic medicines cause drowsiness, whereas psychotropic substances affect the mind and alter it for the better. The NDPS Act was approved by the Indian Parliament on November 14th, 1985. In the practice of medicine, several substances have a position. As a result, the Act contains provisions for the growth of cannabis, poppies, and coca plants as well as the production of psychoactive compounds related to their growth.
Its main goal is to control the production, acquisition, distribution, and transportation of pharmaceuticals that are regarded as narcotics or psychotropics. This law makes it illegal to sell 200 psychoactive medications to walk-in clients. These medications can only be purchased with prescriptions. Since the law’s creation, numerous changes have been made to it. Furthermore, the NDPS does not distinguish between hard-core criminals engaged in this activity and drug consumers and traffickers. Without the approval of the relevant authorities, it is illegal for anybody to manufacture, produce, cultivate, possess, sell, buy, transport, store, or consume any drug or substance that is regarded as a narcotic or psychotropic. Thus, the purpose of this article is to draw attention to the NDPS Act’s requirements.