IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.1669 of 2008 Date of Decision: October 20, 2008 Joginder & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajiv Joshi, Advocate, for the petitioners. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition is directed against Order dated 13.6.2008 whereby charge has been framed against the petitioner for commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. Learned counsel contends that although by volume and weight, 2.5 kg of Charas from each of the petitioners had been recovered, however, after chemical examination of the substance recovered, it transpires that only 9% of the material was “Resin”. Contention therefore, is that quantity recovered would be less than commercial quantity and under the circumstances, Crl. Rev. No.1669 of 2008 [2] charge is not legally sustainable. Learned counsel in this regard has referred to a Division Bench judgment of this Court in Anup Gupta vs. State of Punjab, 2008(4) RCR (Criminal) 391; Sudhir vs. State of Haryana, 2008(4) RCR (Criminal) 385 (SB); another judgment of this Court in Criminal Miscellaneous No.24058-M of 2007 (Amanpreet Singh vs. State of Punjab) decided on 20.8.2007; a judgment rendered by the Delhi High Court in Ansar Ahmed vs. State (Govt. of NCT of Delhi), 2005(4) RCR (Criminal) 393 and a judgment rendered by the Hon’ble Supreme Court of India in E. Micheal Raj vs. Intelligence Officer, Narcotic Control Bureau, 2008(2) RCR (Criminal) 597. I have considered the contentions of the learned counsel and have gone through the judgments. The case is already at the evidence stage. The Trial Court would consider the contentions of the accused at the time of decision of the case and take into account the law as laid down in the judgments referred to above. The petition is disposed of accordingly. (AJAI LAMBA) October 20, 2008 JUDGE avin