IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No. 588 of 2003 Date of decision : May 22, 2007 Karam Singh …Appellant. Versus State of H.P. …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 For the appellant: Mr. Sanjeev Kuthiala, Advocates. For respondent : Mr. Som Dutt Vasudeva, Additional Advocate General, with Mr. D.S. Nainta, Advocate. Surjit Singh, Judge ( Oral ) Appellant Karam Singh has been convicted of offence under Section 20 (C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 for allegedly possessing three kilograms of Charas. He has been awarded sentence of ten years rigorous imprisonment and fine of rupees one lakh; in default of payment of fine to undergo rigorous imprisonment for a further period of four years. 2. We have heard the learned counsel for the appellant. 3. The only submission made by the learned counsel for the appellant is that the appellant was tried for the offence of possessing three Kilograms Charas, but the Chemical Examiner’s report shows that the Charas content in the stuff recovered from him was only 29.28 per cent, meaning thereby that the total quantity of Charas recovered from him was 1 Whether reporters of the local papers may be allowed to see the judgment? …2… 878.4 grams. The submission made by the learned counsel is factually correct as per record. 4. This Court in Criminal Appeal No. 491 of 2003 (Dharam Pal versus State of Himachal Pradesh), vide judgment dated 15.5.2007, in which the facts were similar to the facts of the present case, has held that where the stuff contains Charas, i.e. resin of cannabis plant, to certain extent per report of the Chemical Examiner and with respect to the rest of the stuff there is no report of the Chemical Examiner and the report further reads that the stuff contains resin to a certain extent and does not say that the whole of it is Charas, as in the present case, the quantity of Charas, recovered from an accused, has to be worked out based on the percentage of the resin (Charas) in the recovered stuff. 5. Applying the ratio of the aforesaid judgment of this Court to the facts of the present case, we hold that the quantity of Charas recovered from the appellant was only 878.4 grams or say lesser than the commercial quantity and, therefore, the sentence part of the judgment of the trial Court is liable to be modified. The sentence of the appellant, as imposed by the trial Court assumably under Section 20 (C) of the Narcotic Drugs & Psychotropic Substances Act, is set aside and in place thereof the appellant is sentenced under Section 20 (B) of the Narcotic Drugs & Psychotropic Substances Act. He is sentenced to undergo rigorous imprisonment for five years and to pay fine of rupees twenty thousand; in default of payment of fine to undergo rigorous imprisonment for a further period of three months. 6. Appeal stands disposed of accordingly. ( Surjit Singh ), J May 22, 2007(sd) ( Sanjay Karol ), J