MITHLESH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mithlesh Singh was detained by the police on January 30, 2002 on a link road connecting Dhanaula road to Handiaya road. Mithlesh Singh was walking from the side of Handiaya road, with a white plastic bag on his left shoulder. The bag was found to contain 3.70 kgs charas.

(2.) MITHLESH Singh was tried by the learned Special Judge, Barnala, who found him guilty under section 20 of the Narcotic Drugs and WHO Psychotropic Substances Act, 1985 (hereinafter referred to as the Apt) for possessing 3.70 kgs. of charas and on June 9, 2005 convicted and sentenced to rigorous imprisonment for 12 years and to pay fine of Rs. 1 lac. In default of payment of fine, he was to further undergo rigorous imprisonment for one year.

(3.) THE sample was sent for chemical analysis to Forensic Science Laboratory, Chandigarh. The Deputy Director (Toxicology) reported that sample contained tetrahydrocenabinole systalethic wall and the percentage of resin was 24.08%. The sample was declared as "charas".