BHAGWAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANTS Bhagwan Dass and Puran Dass have 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 1.400 kgs. and 1.200 kgs. of Charas, respectively, and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.1,00,000/- each, in default of payment of fine to undergo rigorous imprisonment for a further period of two years each.

(3.) WE find ourselves in agreement with the aforesaid submission of the learned counsel for the appellants. His submission is supported by the judgment, delivered by a Division Bench of this Court, in Dharam Pal versus State of H.P. and another appeal (Latest HLJ 2007 (HP) 827). In the aforesaid case, it has been held that only the resin content 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 is to be held responsible for possessing Charas only to the extent, the stuff contained the resin content in it.