NOOR ALAM Vs. STATE OF HIMACHAL PRADESH

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. 200 kgs. of charas and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000 in default of payment of fine to undergo rigorous imprisonment for a further period of 3 years.

(3.) THE only submission that has been made on behalf of the appellant-convict is 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 33. 79 per cent, was resin and, hence, the appellant cannot be said to be in possession of 1. 200 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 33. 79 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.