Kuwait Court of Cassation principle number 1135

Mere establishment of physical possession of the narcotic substance. Does not establish criminal intent in drug offences. Evidence must establish the offender's knowledge that what he possesses is among the narcotic substances whose possession is prohibited by law. - The female appellant's defence that she did not know the nature of the narcotic substance requires the judgment to set out what justifies its conviction that such knowledge existed. Its reliance on the mere seizure of the narcotic in her bag. Its import: creation of a presumption based on assuming knowledge of the narcotic substance from the fact of its possession, which cannot be legally endorsed so long as criminal intent is an element of the offence. It must be established actually, not presumptively.