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Principle: Ignorance of the law is not an excuse in the country.Factual Situation: Z, a foreign…

Possession of a narcotic substance beyond the prescribed threshold is an offence regardless of whether the accused was personally aware of the notification, since ignorance…

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Principle: Ignorance of the law is not an excuse in the country.Factual Situation: Z, a foreign national came to New Delhi as a transit passenger at the Indira Gandhi International Air Port. His flight landed in the morning on June 9, 2008 at 10:15 am and he was supposed to catch the next flight at 1:00 pm the same day to another country. He was carrying 1 Kilogram of Hashish. The Government of India notified on June 9, 2008 that "any person having more than 500 Milligrams of any Narcotic, and Psychotropic substances, including Hashish in his possession would be punishable ..." The notification was published in the Official Gazette that was published on the morning of June 9, 2008. The Customs authorities arrested Z.

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Possession of a narcotic substance beyond the prescribed threshold is an offence regardless of whether the accused was personally aware of the notification, since ignorance of the law is no excuse; hence "Z is liable as mere possession of a narcotic substance beyond a certain limit is an offence in the country."

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  • University of Delhi LL.M.

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