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Supreme Court of India
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Criminal Law
Bare Acts
Narcotic Drugs and Psychotropic Substances Act, 1985
Section 1-39
Section 2
Section 30
Section 36-B
Section 35- Presumption of culpable mental state

In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation.-In this section "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact.
For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.
     
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