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 Substances Act.

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 Court. Accordingly, all the connected criminal appeals are being decided together by this common judgment.

4. All the three criminal appeals have been preferred by the respective appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) against the impugned judgment of conviction and order of sentence dated 30.01.2025, passed by the learned Special Judge (NDPS Act), District–Bilaspur (C.G.) in Special Sessions (NDPS) Case No.124/2023.

5. By the said judgment, the learned Special Judge has held the appellants guilty for the offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and has sentenced each of them to undergo rigorous imprisonment for 15 years along with a fine of Rs.1,50,000/-. In default of payment of fine, each of the appellants has further been directed to undergo additional rigorous imprisonment for six months.

6. The case of the prosecution, in brief, is as follows:

According to the prosecution, on 13.09.2023 at about 18:40 hours, PW-10 Sub-Inspector Bharat Lal Rathore, posted at Police Station Torwa, District Bilaspur, allegedly received secret information from an informer that a woman wearing a black kurti and red leggings along with three other persons was present near the Cultural Stage and Yoga Centre at Shobha Vihar, Hemunagar, Bilaspur, and that they were carrying intoxicating cough syrup for the purpose of illegal sale. The said information was recorded and an Informer Information Panchnama (Ex.P/64) was prepared.

Thereafter, as per the prosecution case, the said information was entered in the Rojnamcha Sanha (Ex.P/2) and further proceedings were initiated. A panchnama regarding non- obtaining of search warrant (Ex.P/1) was prepared stating that there was likelihood of delay in obtaining a search warrant and that the accused persons might escape or destroy the contraband substance. The prosecution further states that intimation regarding the inform