that is
punishable under Section 18 and for possession of cannabis (charas), which
is in contravention of Section 20 of the NDPS Act. The learned ... Chandigarh and they were in possession of
big quantity of opium and charas. The informer had also informed that the
accused had rented
year, for having been
found in possession of 3 kgs. 415 grams charas, without any permit or
licence, and Crl. Appeal ... bearing No.DL-8CC-4729, used for transporting the
aforesaid charas, was confiscated. However, the trial Court, acquitted
Ashok Kumar, accused.
2. The facts
years, for having been found in possession
of 3 Kgs charas, without any permit or licence.
2. The facts, in brief, are that ... search of the
bag. On search of the bag, 3 Kgs charas, was recovered,
therefrom. A sample of 100 grams, was taken
search and recovery made
from the appellant of the alleged contraband "Charas"
does not satisfy the mandatory requirements of Section
50 as held ... aforementioned first reason,
the search and recovery of the contraband "Charas" was
not made from the appellant in the presence of any
Magistrate
years, for having been found in possession of 1 KG 500 Grams
charas, falling within the purview of commercial quantity,
without any permit or licence ... received that one person was coming from the
side of Budoli with charas in a bag ( thela ) towards bye-pass.
Thereafter, the police party reached
months each, for having been
found in possession of 16 Kgs charas, which falls within the
ambit of commercial quantity, without any permit or licence ... dickey of the car, a polythene bag, containing 16
Kgs charas was recovered. A sample of 100 grams charas was
taken out of the polythene
only), for having been
found in possession of 750 grams charas, and also sentenced him, to undergo
rigorous imprisonment for a period of two years ... having 850 grams opium, the second packet
was having 750 grams charas, and the third packet was having 15.750 grams
smack). A sample
months.
In the present case, recovery of One Kg. of Charas was
effected. The appellant was tried along with one Ganesh Kumar who was
acquitted ... number of the car were doing the business of
transporting the Charas for the last about 7-8 months. In case a search is
conducted
year, for having been found in possession of 2 kgs. charas,
(falling within the ambit of commercial quantity), without any permit or
licence ... after the receipt of wireless message, as a result
whereof, 2 kgs. charas, was recovered therefrom. A sample of 10 grams,
was taken
recovered from his possession. On further search, recovery of 1.8 Kg of
charas was also effected from his possession.
1 of 5
::: Downloaded ... contents of sample sent for examination cannot be termed as 'charas'. In
support of his contention, he has relied on the observations