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SURJIT SINGH, SURINDER SINGH
Panne Lal – Appellant
Versus
State of H. P. – Respondent


Counsel for the Parties:
For the Appellant:Ms. Ritta Goswami, Advocate in Cr. A. No. 267/2007.; Mr. Ajay Kochhar, Advocate in Cr. A. No. 311/2007; Mr. Anoop Chitkara, Advocate in Cr. A. No. 45/2008; Mr. Baldev Singh & Inder Sharma, Advocates in Cr. A. No. 314/2008; Mr. R.K. Bawa, Advocate General, with Mr. P.M. Negi, Deputy Advocate General and Mr. Ramesh Thakur, Assistant Advocate General, in Cr. A. No. 363/2008 and Mr. Neel Kamal Sharma, Advocate, In Cr. A. No. 500/2008.
For the Respondent/State:Mr. R.K. Bawa, Advocate General, with Mr. P.M. Negi, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General, in Cr. Appeals No. 267, 311 of 2007, 45, 314 and 500 of 2008 and Mr. T.S. Chauhan, Advocate, in Cr. A. No. 363 of 2008.

JUDGMENT

Surjit Singh, J.—These six appeals, particulars whereof are given in the title of this judgment, are being disposed of together, because a common question of law and facts is raised in all of them, though in a couple of appeals a few other questions/points have also been raised, which will be dealt separately in the later part of it.

2. First, we may notice the facts, which have given rise to common question of law and facts in all the six cases. After dealing with the common question of law, we’ will sum up the facts of those individual cases in which a few other questions have been raised.

3. In five of the six cases, appellants have been convicted of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, for allegedly possessing charas. In the sixth case, accused has been acquitted and the State has appealed against his acquittal.

4. “Charas” is one of the three forms of cannabis, (hemp), as defined in Section 2(iii) of the Act, which reads as follows:

“(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated prepara

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