K.S.Garewal, J.

1. The question that has been referred to the Full Bench for decision is regarding the correct meaning of "possession" in the context of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Under what circumstances and in what manner is the presumption of "culpable mental state" to be raised under Section 35 of the Act. Furthermore, under what circumstances and in what manner is the court to presume that the accused committed an offence, in respect of possession of any drug, the possession of which he fails to account satisfactorily. This presumption being raised under Section 54 of the Act.

Section 35 reads as under :-

"Presumption of culpable mental state - (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation - In this section "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe