Dharam Singh v. State of Himachal Pradesh - NDPS Act
NDPS Act 1986 - Section 20- While partly allowing appeal, SC observed: There is lack of evidence to prove that the scale was recalibrated to indicate zero before the weighing was done. This raises some sort of a doubt with regard to the actual weight. This would be relevant in the facts of the present case for the reason that the commercial quantity is 1 kg and the weight in excess is alleged to be only 80 gms. Thus, a holistic and overall assessment of the facts and circumstances of the present case, we find that a doubt having been created with regard to the actual weight of the charas/contraband, the appellant deserves to be given such benefit of doubt. Accordingly, without disturbing the conviction recorded against the appellant, we modify the sentence to that of period already undergone by the appellant.
Case Info
Case: Dharam Singh v. State of Himachal Pradesh; Judgment dated 10 Nov 2025
Key Details
- Case name: Dharam Singh v. State of Himachal Pradesh.
- Neutral citation: Not provided on the page.
- Coram: Justices Ahsanuddin Amanullah and Prashant Kumar Mishra.
- Judgment date: 10th November, 2025.
- Disposition: Conviction affirmed; sentence modified to period already undergone; release ordered if not required in any other case.
Caselaws and citations
- The order does not cite specific precedents by name. It discusses compliance with Section 50 NDPS and doubt about weight due to electronic scale calibration, but no case citations are recorded in the text.
Statutes / laws referred
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Section 20(b)(ii)(C): Offence relating to possession of commercial quantity of charas.
- Section 50: Right to be searched before a Magistrate or Gazetted Officer; discussed as mandatory, though the Court ultimately upholds conviction while modifying sentence.