RUP RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(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 1.950 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 four years.

(3.) WE find ourselves in agreement with the aforesaid submission of the learned counsel for the appellant. His submission is supported by the judgment delivered by a Division Bench of this Court in Dharam Singh versus State of Himachal Pradesh and another appeal (Criminal Appeal No.491 & 510 of 2003), decided on 15.5.2007. In the aforesaid case, it has been held by the Division Bench that only the resin part of the stuff is Charas and that in the absence of the report of the Chemical Examiner about the rest of the contents of the stuff, the quantity of the Charas, based on the percentage of the resin found therein by the Chemical Examiner, is required to be worked out and the appellant-accused would be held responsible for possessing Charas only to the extent, the stuff contained the resin element in it.