Narcotic Drugs and Psychotropic Substances Act,1985

Act No : 61

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Section : Presumption of culpable mental state.

35. 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, a fact. 1. Ins. by Act 2 of 1989, s. 9 (w.e.f. 29-5-1989). 2. Ins. by s. 10, ibid. (w.e.f. 29-5-1989). 374 (2) For the purpose of this section , a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

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