NARESH Vs. STATE OF H.P.

JUDGEMENT

(1.) ACCUSED -appellant Naresh has been produced in custody of HC Tejveer Singh No.255 and HHC Rajinder Singh No.795 of Police Lines Nahan.

(2.) HEARD and gone through the record.

(3.) THE only submission that has been made on behalf of the appellant-convict is that the appellant was sent up for trial for possessing Charas and the Charas, as per definition contained in sub-clause (a) of Clause (iii) of Section 2 of the Narcotic Drugs and Psychotropic Substances Act, means resin, in whatever form, whether crude or purified, obtained from cannabis plant and also includes concentrated preparation known as Hashish oil or liquid Hashish. It has been submitted that in the present case, as per report of the Chemical Examiner, the entire sample stuff was not resin or say Charas, but only a part of it, to the extent of 28.54 per cent, was resin and, hence, the appellant cannot be said to be in possession of 500 grams of Charas. He says that what was in possession of the appellant was not whole Charas but something which included Charas (resin) to the extent of 28.54 per cent only and the rest of the stuff was some unknown substance about which report of the Chemical Examiner is silent. He has taken me through the report of the Chemical Examiner, per which the sample contained contents of Charas.