Supreme Court of India · 1973-05-04
INDER SAIN vs STATE OF PUNJAB
- Citation / case number
- SC 1970/60221
- Court
- Supreme Court of India
- Petitioner
- INDER SAIN
- Respondent
- STATE OF PUNJAB
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court examined the applicability of mens rea in offences under the Opium Act, 1878, specifically Sections 9(a) and 10. The Court held that while mens rea is generally a necessary element, in cases of possession under Section 9, it is sufficient for the prosecution to establish that the accused had some direct relationship with the opium. The presumption under Section 10 shifts the burden to the accused to prove that he was not knowingly in possession of the opium, thus affirming the conviction of the appellant.