Deva Rajak vs State Of Chhattisgarh on 11 March, 2026

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    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.

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    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.



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