Bail in Charas case in Chandigarh
Introduction of Charas –
Charas, that is, the separated resin, in whatever form whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. Charas is a mixture of different cannabis (also known as marijuana) containing more than 60 different constituents. As per the Notification issued by the Central Government under this Section the small quantity of charas has been defined to be 100 grams and commercial quantity as 1 Kg and above.
Punishment in Charas Case –
Section 20 of NDPS Act, 1985 deal with the offence related that where the contravention relates to sub-clause (b) of Section 20 and involves small quantity, being an offence, shall be punishable with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both; If an accused is found to be in possession of Charas which is small quantity, the offence is punishable with six months imprisonment which is triable by the Court of Judicial Magistrate and not by the Special Court.
How the quantity count when two persons found in possession of charas-
In the instant case, the state has come out with the case two accused A and B going on a motorcycle and A riding the motorcycle. On checkpoint when police search them that 65 grams charas was recovered from the possession of accused A and 60 gms charas was allegedly recovered from the accused of B separately during their search. But the state has been stated that total amount of charas weighing 125 gms was found in the joint possession of both the accused persons, Under Section 223 of Cr.P.C., both the accused persons can be tried for the same offence committed in the course of the same transaction.
Since both the accused persons were going on Motorcycle and on their search the aforesaid quantity of charas is alleged to have been recovered from their separate possession. Charas allegedly recovered from the possession of both the accused persons separately is found to be less than 100 grams, which undeniably and undisputedly falls in the category of small quantity and the punishment prescribed for the possession of small quantity with rigorous imprisonment for a term which may extend to six months, or with fine or both. Thus, by no stretch of the imagination, it can be said that such an offence is triable by the Special Court.
It cannot be said that for the purpose of determining the quantity of recovered charas the total quantity of charas recovered from both the accused persons shall be taken into consideration.
Bail in Charas Case –
As per the situation discussed above, if two people found in possession of a different- different quantity of charas upon personal search then a quantity of the charas count separately instead of jointly. This thing giving help to the accused in obtaining bail in NDPS case before the court.