IMPORTANT POINT
Narcotic--In common parlance, Charas is name given to hand made "Hashish"--It is made from extract of cannabis plants.
Narcotic--If a contraband article is a charas and contains resins of cannabis plant in whatever quantity is to be considered as a charas punishable under Section 20 of 1985 Act--Ratio of E.Micheal Rajs case not attracted.

Kanwaljit Singh Ahluwalia, J.

1. Pappu son of Noordeen, in the present appeal, has challenged the judgment dated 25.9.2001, pronounced by the Court of Special Judge, Gurdaspur, who held the appellant guilty of offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "1985 Act"), and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default whereof to further undergo rigorous imprisonment for a period of six months.

2. The conviction of the appellant was recorded because as per prosecution case, on 29.12.1999 at about 9.30 P.M. in the area of Dhira, near Nalwa bridge, he was found in possession of 1 kg. 300 grams of charas.

3. The brief facts of the case can be gathered from ruqa Ex. PF on the basis of which formal FIR Ex. PB bearing No. 240 dated 29.12.1999 was registered at Police Station City Pathankot under Section 20 of the 1985 Act. Ruqa Ex. PF stated that PW.5 Surinder Singh, Inspector, along with his companion police officials was on patrol duty for checking of anti social elements and was present at Nalwa bridge near link road Dhira. At that time, one person, carrying a bag in his right hand, was spotted coming on foot from the side of village Bharoli Kalan, who, on seeing the police party, became nervous and retraced his steps. He was apprehended and on asking, he disclosed his name as Pappu son of Noordeen, caste Gujjar, resident of village Palaiur, Police Station Chamba, at present resident of village Sultanpur, Police Station Sadar, Pathankot. PW.5 Surinder Singh, Inspector, told him that he had suspicion that the accused was carrying some contraband article and an offer was extended to get himself searched from the Inspector or some Gazetted Officer. The accused exercised his option of getting himself searched from a Gazetted Officer and a memo to this effect was prepared on which the accused appended his left thumb impression. A wireless message was flashed to Mohinder Singh, Superintendent of Police, Pathankot, with a request to arrive at the spot. After some time, he reached at the spot, and was acquainted with the facts of this case. Mohinder Singh, Superintendent of Police, Pathankot, disclosed to the accused that he was a gazetted officer and gave an option that if the accused wanted, he could get himself searched from him or a Magistrate. The accused expressed his satisfaction and gave a consent to get himself searched from the Superintendent of Police. A memo to this effect was prepared. Under the directions of the Superintendent of Police, personal search of accused was carried. From the bag, which the accused was carrying, 1 kg. 300 grams of charas was recovered, out of which two samples of 20 grams each were drawn and were sealed in two plastic parcels. The remaining charas was weighed as 1 kg. 260 grams, which was also sealed in the parcel. As per the procedure prescribed, on the two parcels and the remaining recovered charas, the Investigating Officer had affixed his seal SS, whereas the Superintendent of Police had affixed his seal MS. The Inspector had handed over the seal, after use, to PW.6 Tarsem Lal, Assistant Sub Inspector, whereas the Superintendent of Police had retained the seal with him. For possessing the charas without any licence, since the accused had committed the offence under Section 20 of the 1985 Act, therefore, a ruqa Ex. PF was sent through Shanti Sarup, Constable to Police Station Division No. 1, Pathankot, for registration of the case.

4. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted in the Court of Special Judge, Gurdaspur.

5. On 7.4.2000, the Court of Special Judge, Gurdaspur, had formulated the charge against the accused, to which he pleaded not guilty and claimed trial.

6. PW.1 Tulsi Dass, Constable, and PW.3 Swinder Kumar, Head Constable, had tendered their affidavits Ex. PA and Ex. PB to prove link eviden