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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL
Sneha Goyal W/o Ram Goyal – Appellant
Versus
State of Chhattisgarh Through The Station House Officer – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. Heard Mr. Akash Singh and Mr. Swapnil Keshari, learned counsel for the appellant in CRA No.559/2025, Mr. Goutam Khetrapal, learned counsel for the appellants in CRA No.460/2025, Mr. Vikas Kumar Pandey, learned counsel for the appellant in CRA No.829/2025 as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent.
2. Since all the criminal appeals arise out of the same judgment dated 30.01.2025 passed by the learned Special Judge (NDPS Act), Bilaspur, Chhattisgarh in Special Sessions (NDPS) Case No. 124/2023, they were clubbed together for the purpose of hearing. As the facts, evidence on record and the issues involved in these appeals are substantially common and arise out of the same impugned judgment, the appeals were heard analogously with the consent of the parties and are being disposed of by this common judgment.
3. For the sake of convenience and to avoid repetition of facts and evidence, the matters have been considered together, and the submissions advanced on behalf of the respective appellants as well as the State have been examined in the backdrop of the material available on record of the trial Cour
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
The prosecution must comply with mandatory procedural requirements in drug cases, failing which foundational facts required to establish guilt cannot be met, leading to acquittal.
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
The prosecution must prove possession of narcotics beyond reasonable doubt, and procedural lapses do not automatically invalidate a conviction if credible evidence supports the case.
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
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