Monday, April 25, 2011

Narcotic Drugs and Psychotropic Substances Act 1985—Section 35


Narcotic Drugs and Psychotropic Substances Act 1985—Section 35—It is only after the prosecution had discharged the initial burden to prove the foundational facts that Section 35 would come in to play— Section 35 also presupposes that the culpable mental state of an accused has to be proved as a fact beyond reasonable doubt and not merely when its existence is established by a preponderance of probabilities. 

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