Kemashwar Thakur vs State Of HP

Anoop Chitkara, J

The petitioner, who was arrested for possessing one kilogram and 22 grams of charas has come up before this Court seeking re-weighment of the

entire contraband on the ground that when 26 grams of sample was sent for testing, the weight of the polythene wrapper was part of the contraband

as such the total quantity may weigh less than one kilogram or around one kilogram, which will make it non-commercial quantity.

The nature of the order, this Court purposes to pass, no response is required from the respondents.

In paragraph 5 of the writ petition, the petitioner has made a calculation and as per the own calculation, the weight of charas would come down to

1011.38 grams in case the weight of the plastic wrapper is reduced from the total weight. That is a rough calculation and may not be correct. In fact

when the entire contraband is weighed it may even come down less than one kilogram or may be around that. It is subject matter of scientific

investigation. I am of the considered opinion that it is not appropriate stage to order re-weighment of the entire contraband. Confronted with the

situation, learned counsel seeks permission to withdraw the petition with liberty to file appropriate application before the trial Court. Leave and liberty

as sought is granted. The petition is dismissed with liberty reserved to the petitioner to file appropriate application, in accordance with law before the

trial Court seeking a direction for re-weighment of the entire contraband. The trial Court shall decide the same in accordance with law and

uninfluenced by any observation made by this Court. All the grounds taken in this petition shall not be taken as estoppal against the petitioner. Pending

application(s), if any, are closed.