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2004 Supreme(P&H) 930

SATISH KUMAR MITTAL
Arjun Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Satish Kumar Mittal, J.

1. Arjun Singh accused has filed this appeal against the judgment dated 27-7-2002 passed by the Additional Sessions Judge, Rohtak, vide which he has been convicted under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac.

2. As per the prosecution version, 15/2 kgs. of hemp (bhang) was recovered from the possession of the appellant when he was travelling in a train. For that recovery, the appellant was charged for the offence punishable under Section 20-B of the Act and after the trial, he was punished under the aforesaid Section.

3. Counsel for the appellant at the very outset raised the contention that the hemp (bhang) is not a narcotic or psychotropic drug as defined under the Act and hence its possession is not an offence. He submitted that cannabis plant and cannabis hemp are two different contrabands under the Act. Cannabis (hemp) has been defined under Section 2(iii) of the Act which includes Charas, Ganja and also any mixture, with or without any neutral material of any of the above forms of c








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