Section 35 of NDPS Act, 1985 : Section 35: Presumption Of Culpable Mental State

Explanation using Example

Imagine John is caught by law enforcement with a large quantity of a substance that is suspected to be a controlled narcotic drug. Under Section 35 of the Narcotic Drugs and Psychotropic Substances Act, 1985, when John is prosecuted, the court will automatically assume that John had the necessary mental state, such as intention or knowledge, to commit the crime of possessing the narcotics with the intent to distribute.

However, John has the opportunity to defend himself by proving that he did not have any such mental state. For example, he might argue that he was unaware that the substance in his possession was a narcotic drug, perhaps believing it to be a legal substance. John must convince the court of this fact beyond a reasonable doubt, not just by showing that it's more likely than not to be true. If he succeeds, he may be acquitted of the charges based on the absence of the required culpable mental state.