...not go into the aspect whether the possession must be conscious possession. Perhaps taking a cue from the decision of this Court in Inder Sain v. State of Punjab (1973...thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy...possession of goods. Having regard to the charge of which the appellants were accused, the failure to elicit their answer on such a crucial aspect as possession, is quite significant. In this state of...

...presumption under Section 54 comes into play. We need not go into the aspect whether the possession must be conscious possession. Perhaps taking a cue from the decision of this Court in Inder Sain v. State of Punjab (1973...the Narcotic Drugs and Psychotropic Substances Act, which has been held to be mandatory. In this case, admittedly no consent memo was prepared. In State of Punjab v. Labh Singh...Magistrate, and the accused had been acquitted by the Court, the Hon'ble Supreme Court refused to interfere in the order of acquittal. In State of Punjab v. Kulwant Singh (1994) 1 RCR (Cri) 303 (P&H...

.... The first case in point of time to which our attention was drawn is the decision in Inder Sain v. State of Punjab (1973) 2 SCC 372. In the said...Dr. M.K Sharma, J.— The present appeal is an appeal filed by the State of Punjab challenging the judgment and order dated 20-8-2007 passed by the High Court of Punjab and...respondents of all the charges. Being aggrieved by the aforesaid order of acquittal, the present appeal was filed by the State of Punjab on which we have heard the learned counsel appearing for the parties...

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...672 and Radhakishan v. State of U.P AIR 1963 SC 822, 1963 Supp (1) SCR 408, (1963) 1 Cri LJ 809 We have gone through these decisions but, in our opinion, they are not directly in point. On the other hand, a later decision of this Court in Inder Sain v. State of Punjab (1973...shop belonged to him and were kept by him, the servant being merely in-charge of the shop whenever the appellant was absent. This Court in Inder Sain case...very object of Section 10 of the Act.6. As the matter is no longer res integra and is concluded by the decision in Inder Sain case...

... IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 126 CWP-14907-2025 Date of decision: 22.05.2025 Inder Sain and others ...Petitioners Versus State of...the judgment of this Court in Saurabh Sharma and others vs. State of Punjab and another, CWP-15896-2023, which was allowed on 13.09.2024 against which LPA-2977-2024...manner, to which learned State counsel has no objection. 2. In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction...

.... Inder Sain v. State Of Punjab ., A.I.R 1973 S.C. 2309. K.L. Shrivastava, J.-This revision petition is directed against the judgment dated...interpretation in the decision in Inder Sain v. State Of Punjab .2. The Supreme Court referred to several decisions according to which if...that opium was seized from the petitioner at 9.00 p.m. Gabba (P.W. 2) has testified to the presence of the petitioner at the relevant time. In the state of evidence it cannot be said that the conclusion...

...contention, reliance has been placed on Inder Sain v. State of Punjab (1973) 2 SCC 372 and Ram Rattan v. State of Punjab...mens rea, however, would be a question which has to be determined having regard to the provisions of the statute.13. In Inder Sain...(1979) 4 SCC 344, 1979 Cri LJ 791.9. The Act was enacted by the Maharaja of Cochin. After the formation of the State of Kerala, the said Act was...

...State of Maharashtra v. Mayer Hans George AIR 1965 SC 722, (1965) 1 Cri LJ 641 and Nathulal v. State of M.P AIR 1966 SC 43, 1966 Cri LJ 71, Inder Sain v. State of Punjab (1973.... 1383 of 2007, respectively by the State of Assam for review of the decision in the criminal appeals mentioned hereinabove.2. Initially the applications seeking permission to.... State of Assam (2011) 3 SCC 377 on 3-2-2011. It is submitted by Mr Mohan Parasaran, learned Solicitor General appearing for the Union of India...

...grounds for inferring that Parliament intended to exclude the general rule regarding mens rea element. (See State of Maharashtra v. Mayer Hans George AIR 1965 SC 722, (1965) 1 Cri LJ 641, Nathulal v. State of M.P AIR 1966 SC 43, 1966 Cri LJ 71 and Inder Sain v. State of Punjab (1973...mitigate the binding ratio and unanimous conclusion reached by this Court on the point of legislative competence in Kartar Singh v. State of Punjab...v. State of J&K AIR 1960 SC 1, (1960) 1 SCR 680, 1960 Cri LJ 126 is relied upon. According to them, the menace of terrorism is covered by...

...Hon'ble Judges of the Supreme Court in Inder Sain v. State Of Punjab . 1973...Section 9 of the Opium Act. Judicial Magistrate 1st Class, Panipat convicted both of them under Section 9 of the...Opium Act and sentenced each of them to suffer rigorous imprisonment for one and a half years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment...

...illegality was found in the impugned order dated 26.6.1984 The Appellate Court also relied upon a judgment rendered by a Division Bench of this Court in State of Punjab v. Inder Sain Sharma PSI (Law...them in the matter of their gratuity, pension and seniority.8. In this connection reference may be made to the decision of a Division Bench of High Court of Punjab & Haryana in State of Punjab V Inder Sain Sharma...Kanwaljit Singh Ahluwalia, J. (Oral):By this common order, two appeals filed by the State of Punjab against the two employees of the Punjab Police, viz., HC Garib Das and...

...Prasad v. State of W.B, (1972) 1 SCC 326 : 1972 SCC (Cri) 63 : (1972) 2 SCR 845; Collector of Customs v. Chetty Nathela Sampathu, (1962) 3 SCR 786 : AIR 1962 SC 316 : (1962) 1 Cri LJ 364; Inder Sain v. State of Punjab, (1973...(L&S) 56 : (1992) 20 ATC 239; Chandra Mohan v. State of U.P, (1967) 1 SCR 77 : AIR 1966 SC 1987; Ram Jawaya Kapur v. State of Punjab...368(14); Para 372]Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 : 1980 SCC (Cri) 465 : (1980) 3 SCR...

...possession must be conscious possession. Perhaps taking clue from the decision of this Court in Inder Sain v. State Of Punjab ((1973...in possession of these articles. A similar proposition arise before the Apex Court in Avtar Singh v. State of Punjab...possession could be drawn against the accused.11. Full Bench of this Court in case Kashmir Singh… v. State Of Punjab...

...India in Inder Sain v. State Of Punjab , (1973) 2 SCC 372...offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act...) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for two years...

...reported in 1973 Supreme Court 2309 (Inder Sain v. State of Punjab) has defined the real meaning of possession in a case of Opium Act. The language of...Ghanshyam Prasad, J.:— This appeal has been preferred by the sole Appellant against the judgment of conviction and sentence dated 30th September, 2005, passed by-Sri Ram Prabhu Pandey, 3rd...Additional Sessions Judge, Muzaffarpur in Case No. 53 of 2003. The sole Appellanthas been convicted under Section 20(B) as well as under Section 23 of the...

..., 1953 Cri LJ 154; State of Maharashtra v. Dr. R.B. Choudhari, AIR 1968 SC 110, 1968 Cri LJ 95; Bishan Dass v. State Of Punjab., AIR 1975 SC 573, 1975 Cri LJ 461; Sherras v. De Rutzen, (1895) IQB 918; State of Maharashtra v. Jayantilal, AIR 1984 SC 612, 1984 Cri LJ 334; Inder Sain v...arise and the prosecution will have to prove the documents according to the ordinary rule of evidence." 43. The Supreme Court in Inder Sain v. State of Punjab AIR...; Karnail Singh v. State of Punjab, AIR 1954 SC 204, 1954 Cri LJ 580...

...is covered squarely against the State. This Court in CWP No.9146 of 1994 titled Constable Sarjinder Singh Vs. State of Punjab & others decided on 03.10.2012, has already decided the said issue and held that the forfeiture of approved service could not be imposed as the punishment was not provided under the Rules, while placing reliance upon Ram Pat Vs. Union of India & others 1984 (3) SLR 756 & State of Punjab Vs. Inder Sain Sharma...& others 1984 (3) SLR 756 and State of Punjab Vs. Inder Sain Sharma 1968 SLR 519 by the Sub-Judge, 1st Class, Jalandhar...Punjab State Vs. Joginder Singh 1992 (3) SCT 671. 5. Counsel for the State, on the other hand, has defended the said action of the department and placed reliance upon...

..., 1985, opium act, 1878, arms act, 1959, explosive substances act, 1908 has been interpreted to mean "conscious possession" [see moideen koya v. State of kerala, 1990 2 kerlj 145; inder sain v. State of punjab, air...prosecution anywhere. [see inder sain v. State of punjab, 1973 2 scc 372]. In avtar singh and others v. State of punjab...sc 52; state of bihar v. Amir hasan, air 1951 pat 638]. Even according to p. W 1, the detecting officer, the house in question...

...apex court in a decision reported in AIR 1973 Supreme Court 2309 (Inder Sain v. State of Punjab) has defined the real meaning of “possession” in a case of Opium Act...2007 (3) BBCJ 94 : 2007 (Supp.) PLJR 608] (Nathe Rai v. State Of Bihar) and 2007 (3) PLJR...362 (Dr. Lakhindra Prasad… v. State Of Bihar & Ors.…).5. Ext. 5 is the complaint case lodged by P.W 4, Mr. P.C Surin...