LAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT was charge -sheeted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in possession 550 grams of Charas, but as per the report of State Forensic Science Laboratory, the resin contents in the recovered stuff was found only 26.780%, which comes to 147.290 grams Charas, as such, he was convicted under Section 20(b)(ii)(B) of the Act and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of 50,000/ -. In default of payment of fine, he has been Whether reporters of the Local papers are allowed to see the judgment? further sentenced to undergo rigorous imprisonment for a period of one year.

(2.) SUCCINCTLY stated, the prosecution case is that PW8 HC Pune Ram was heading a police party. They were confronted by accused coming on foot, which was carrying a plastic bag in his right hand. On seeing the police party, he tried to run back, he was over -powered on suspicion. On checking his bag, he was found in possession of 550 grams of Charas, out of which two samples of 25 grams each were separated, sealed with seal impression "H" and remaining bulk was also sealed with the same seal. NCB forms in triplicate were filled in and sample of seal was taken separately. Thereafter the accused was arrested and grounds of arrest were informed to him. Ruka was sent for the registration of the case. The accused was produced before PW10 Inspector/SHO Nathu Ram. He resealed the case property with his own seal impression "T" and deposited in the Malkhana with MHC. One of the sample parcels was sent for its analysis, through Constable PW6 Hans Raj to State Forensic Science Laboratory, Junga. The special report was sent to the officer superior within time.

(3.) IN appeal, learned Counsel for the accused does not assail the conviction of the accused, but it is argued that keeping in view the resin contents of Cannabis plant, which falls within the definition of the Charas, the sentence imposed appears to be disproportionate and excessive.