K.L. Shrivastava, J,

1. This is an application under section 439 of the Criminal Procedure Code, 1973 (for short 'the Code) for grant of bail.

2. According to the prosecution, opium weighing 15.650 grams was seized from the residence of the petitioner on 16-9-1989. It is "narcotic drug' as defined in section 2 (xiv) of the Narcotic Drugs and Psychotropic Substances Act, 1965 (for short 'the Act'), and its possession by the petitioner was in contravention of the provision of section 8 of the Act. It is urged that he is, therefore, punishable under section 18 ibid for a term of 10 years in the minimum.

3. According to the learned counsel for the petitioner, it is clear from the voters list, the certificate of the Gram Panchayat and the affidavit of the petitioner's brother that the residence from where the contraband opium was seized is not in the petitioner's exclusive possession. It is further urged that the element of mens rea not having been excluded by the Legislature, it constitutes an essential element of the crime in question and, therefore, it is necessary for the prosecution to prove not only the corpus possessions but also the animus possedendi.

4. It is urged on behalf