KANSHI RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of the Special Judge, whereby he has been convicted of an offence under Section 20 (C) of the Narcotic Drugs and Psychotropic Substances Act, and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rupees One lac., in default of payment of fine to undergo imprisonment for further period of six months.

(2.) As per prosecution version, the appellant was intercepted while walking along a path at a place called Hurlu Dhar in Kullu district. He was carrying Charas which on being weighed was found to be three kgs. Two samples each weighing 26 grams were separated. One sample Was sent to the Chemical Examiner, who found the weight of the entire sample stuff to be 22.295 gms. as against 25 gms. weight that was separated by way of sample. The sample was found to contain 33.66% resin.

(3.) The only submission that has been made by the learned counsel for the appellant is that the appellant was put on trial for possessing 3 kgs. Charas, but the Chemical Examiner's report shows that the charas content of the recovered stuff was less than the commercial quantity as notified by the Central Govt. His submission is twofold. According to him, either the scale and/or the weights used by the I.O. were defective or there was some moisture content in the stuff and it is because of this that the sample, which was weighed 25 gms. by the I.O. was found to be only 22.295 gms. when weighed in Chemical Examiner's Laboratory. He says that the entire quantity of the stuff, i.e. 3 kgs., as per prosecution version is required to be reduced in the same proportion in which variation in the weight of the sample as done by the I.O. and the weight recorded by the Chemical Examiner, is there.