Possession – Section 4(3) Criminal Code
A person has possession of a material when he has it in his personal possession or ‘knowingly’ has it in the actual possession or custody of another person or in any place for the use or benefit of himself or of another person.
When two or more people are involved, it is deemed to be in the custody and possession of each and all of them.
Possession can either be a joint possession (having certain degree of control over the material) or a constructive possession (certain degree of control without having actual possession).
Knowledge of the person is an important element in possession. Such knowledge must be a legal knowledge that the person is holding the item is of unlawful or illegal in nature.
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