IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.5 of 2008 Decided on : January 10, 2008 State of H.P. …Appellant. Versus Tej Ram …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Som Dutt Vasudeva, Additional Advocate General, with Mr. D.S. Nainta, Deputy Advocate General. For respondent : Nemo. Surjit Singh, Judge( Oral ) Cr.MPM No.14/2008 Heard. Delay in filing the appeal condoned. Application stands disposed of. Cr.A No.5/2008 Heard. In this case 1.2 Kgs. stuff, alleged to be Charas, was recovered from the respondent. Sample was sent to the Chemical Examiner, who found that the sample contained 36.7 per cent resin. A Division Bench of this Court, in Dharam Pal versus State of H.P. and another appeal (Latest HLJ 2007 (HP) 827), has held that it is only the resin part of the stuff which constitutes Charas. 2. The allegation against the respondent was that the entire stuff was Charas, but the Chemical Examiner’s report indicates that only 36.7 per cent of it was Charas. So, relying upon the aforesaid Whether reporters of the local papers may be allowed to see the judgment? …2… precedent of this Court, the trial Court reworked the quantity of Charas recovered from the respondent by reducing it to 36.7 per cent of the total stuff, because the resin content in the stuff was 36.7 per cent. After reworking the quantity of Charas, the trial Court has held that the quantity recovered from the respondent was small quantity and so the respondent has been sentenced to four years rigorous imprisonment and a fine of Rs.40,000/-. State has appealed against the said judgment on the ground that the entire stuff was required to be treated as Charas and when so treated the quantity was commercial. 3. The submission cannot be accepted, in view of the aforesaid precedent of a Division Bench of this Court. Hence, the appeal is dismissed. ( Surjit Singh ), J. January 10, 2008(sd) ( Surinder Singh ), J.