DEEN MOHD. Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANTS are aggrieved by the judgment of the Special Judge, whereby they have been convicted of and sentenced for an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. They have been visited with the punishment of ten years rigorous imprisonment and fine of Rs.1,00,000/- each, in default of payment of fine simple imprisonment for a further period of six months each.

(3.) SUBMISSIONS made on behalf of the appellants are two fold. First, it is submitted that the evidence on record shows that the appellants had no knowledge of the presence of Charas in the vehicle and, therefore, their possession cannot be said to be conscious and they cannot be said to have committed any offence. Secondly, it is submitted that the Charas content in the stuff recovered from the Van was only 24.07 per cent and, therefore, the quantity of the Charas was less than the commercial quantity, as notified by the Central Government. He submits that the exact quantity works out to be 481.4 grams.