Narainu Alias Karan v. State of Hp
Case brief
What is this about?
In a criminal appeal, the High Court held that since the prosecution failed to prove that representative samples were drawn from the entire bulk of contraband, the appellant could only be convicted for the weight of the sample analyzed (26 grams). Consequently, the conviction for large quantity was quashed and substituted with a conviction for small quantity.
What did the court decide?
Appellant convicted for small quantity (26 grams) instead of large quantity; sentenced to one year rigorous imprisonment; ordered released immediately; directed to furnish personal bond.
What the court decided
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF NOVEMBER, 2022
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MR. JUSTICE SUSHIL KUKREJA
CRIMINAL APPEAL No.129 of 2022
Between:-
NARAINU ALIAS KARAN SON OF SHRI BASANT LAL, AGED 38 YEARS, RESIDENT OF VILLAGE NOSERA, P.O. GANED, TEHSIL CHURAH, DISTRICT CHAMBA, HIMACHAL PRADESH.
…. APPELLANT
(BY MR. RAJESH KUMAR, ADVOCATE)
Issues for consideration
3 issues framed by the court
Whether the prosecution proved that the seized charas was a homogeneous mixture from which representative samples were drawn for chemical analysis.
Whether the appellant can be convicted for possession of 5.555 kilograms of charas when only a 26-gram sample was sent for forensic examination.
What is the appropriate quantum of possession and consequent sentence in the absence of proof of representative sampling.
Parties & counsel
- appellant
Narainu alias Karan
- respondent
State of Himachal Pradesh
Coram
Sabina
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · November
- Registered
- Case no.
- CR.A/129/2022
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