Cr.A. No. 716 of 2008 23.12.2008 Present: Mr. P.K. Sharma, Additional Advocate General, for the appellant. Heard and gone through the record. State has appealed against the judgment dated 27.9.2008 of Learned Additional Sessions Judge, Ghumarwin, whereby respondent Lal Singh, who was tried for offence, under Section 20(ii)(C) has ultimately been convicted of offence, under Section 20(ii)(B) of the Naarcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to three years rigorous imprisonment and fine of Rs. 15,000/-, in default of payment of fine to undergo imprisonment, for a further period of three months. State seeks to file appeal for the enhancement of the punishment, alleging that the quantity recovered was 1 Kg.100 grams. Trial Court has observed that as per report of the Chemical Examiner, the resin content in the recovered stuff was 25.45% and that it was this resin content, which was charas and so the quantity of charas, recovered from respondent, was to be reckoned on the basis of this percentage and when so reckoned, it came to 276.54 grams and it was less than commercial quantity. The view taken by the Learned Trial Court is supported by a Division Bench judgment of this Court in Dharam Pal v. State of H.P., Latest HLJ 2007 (HP) 827 and Supreme Court Judgment in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, (2008) 5 Supreme Court Cases 161. Cr.A. No. 716 of 2008 In view of the above stated position, we see no merit in the present appeal. The same is, therefore, dismissed. (R.B. Misra), J. December 23, 2008(vs) (Surjit Singh), J.