STATE OF HIMACHAL PRADESH Vs. DEEP RAM

JUDGEMENT

(1.) THE respondent, (hereinafter to be referred as 'the accused'), was tried and acquitted by the learned trial court for the offence punishable under Section 20 (b) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act' for allegedly keeping in possession of 150 grams 'charas' mainly on the following grounds:-

(2.) WE have heard the learned counsel for the parties and have reassessed the evidence on record.

(3.) HOWEVER , it is mentioned that the sample contained the resin 39.61 % W.W. but resin of which plant has not been specified, then how it was 'charas'; is not known. Whereas 'charas' as defined under Section 2 (iii) of the Act , is the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.