Gurmail Singh vs State Of Punjab

The Court examines the essential ingredients of an offence under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Relying on the Constitution Bench ruling in Sanjay Dutt v. State through C.B.I. Bombay, the Court affirms that conviction requires proof of unauthorised possession of specified arms in a notified area. Crucially, the Court emphasizes that 'possession' must be 'conscious possession,' requiring a mental element rather than mere physical custody.