Crl. Misc. No.M-20613 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-20613 of 2011 Date of Decision: July 29, 2011 Ram Jivan Yadav …..Petitioner Vs. State of U.T., Chandigarh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.M.S. Dhami, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The petitioner was allegedly found in possession of 1800 grams of Charas. As per the record of Central Forensic Science Laboratory, the sample was identified as a Charas Cannabis. Counsel for the petitioner has submitted that an application was filed for determining the percentage of THC but the Forensic Science Laboratory vide report dated July 20, 2010 has reported that THC (Tetra Hydra Cannabinols) is a highly unstable compound and gradually breaks to produces such as CBN (Cannabinol) which are not covered under NDPS Crl. Misc. No.M-20613 of 2011 [2] Act, as such quantitation of THC in any Cannabis product including Charas will not reflect the nature and purity of this product. However, presence of THC alongwith other Cannabinoids is a sample confirms the identification of Cannabis. The definition of Charas as per Section 2 (iii) (a) is as follows:- “2(iii) (a) Cannabis (hemp) means, Charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plaint and also includes concentrated preparation and resin known as hashish oil or liquid hashish.” Counsel for the petitioner has contended that since percentage of THC could not be determined by the Central Forensic Science Laboratory, it cannot be said that the petitioner was in possession of Charas. I have considered the said contention in context to the abovesaid definition of Charas. The percentage of concentrated preparation known as resin (hashish oil) is not necessary to be determined for a contraband to fall within the definition of Charas. In view of said circumstances, no benefit can be derived by the petitioner on the basis of the report annexure P-2, at this stage. No ground is made out for grant of bail to the petitioner. Dismissed at this stage. It will be open to the petitioner to file fresh petition after some more evidence is produced. July 29, 2011 (M.M.S.BEDI) sanjay JUDGE Crl. Misc. No.M-20613 of 2011 [3]