21. It is highlighted that unless the possession
was coupled with requisite mental element, i.e.
conscious possession and not mere custody
without awareness of the nature of such
possession, Section 20 is not attracted.
22. The expression ‘possession’ is a
polymorphous term which assumes different
colours in different contexts. It may carry
different meanings in contextually different
backgrounds. It is impossible, as was observed
in Superintendent & Remembrancer of Legal
Affairs, West Bengal v. Anil Kumar Bhunja and
Ors. (AIR 1980 SC 52), to work out a
completely logical and precise definition of
“possession” uniformally applicable to all
situations in the context of all statutes.
