JASBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) HHC Nand Lal has brought the parcel containing the bulk case property and another sealed parcel containing one of the two samples. The parcel, containing Charas, is sealed. The seal impression on it reads "DJ Mandi". Parcel has been opened, because it is said to contain the haversack also which the appellant was allegedly carrying and in which the Charas was found. The Charas is to be weighed exclusive of that haversack. On the opening of the cloth cover of the parcel, a green coloured haversack has come out which contains some wearing clothes and a polythene bag containing Charas. The Charas has been weighed and found to be 2.195 kgs. Weighment has been done on the scale arranged from the dispatch section of the Registry of this Court. The stuff is ordered to be re-sealed with the seal of the Registry of this Court in the Court Room, in the presence of the Whether reporters of the local papers may be allowed to see the judgment? Court Secretary, and the re-sealed parcel is ordered to be handed over to the abovenamed police official from Police Station Mandi.

(2.) APPELLANT has been convicted of an offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, for allegedly being in exclusive and conscious possession of 2.300 kgs. of Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo simple imprisonment for a further period of six months.

(3.) IT is submitted by the learned counsel for the appellant 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 37.14 per cent, was resin and, hence, the appellant cannot be said to be in possession of 2.300 kgs. 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 37.14 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 us through the report of the Chemical Examiner, per which the sample contained contents of Charas.