Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Sumeet Kumar Behra, S/o. Prashant Behra – Appellant
Versus
State of Chhattisgarh, Through Station House Officer – Respondent
JUDGMENT :
1. With the consent of learned counsel for the parties the matter is heard finally.
2. This criminal appeal preferred by the appellant under Section 415 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 is directed against the impugned judgment of conviction and order of sentence dated 05/07/2025 passed by the Special Judge (N.D.P.S. Act) Korba, District Korba, C.G. in Special Criminal NDPS Act Case No. 12/2022 whereby the appellant has been convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 22 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 | Rigorous imprisonment for 05 years & fine of Rs.50,000/-, in default of payment of fine amount further R.I. for 06 months. |
3. The case of the prosecution in brief is that on 27.04.2022, Police Station Kotwali, Korba, received a secret information from a secret informer that two persons i.e. Pankaj Sharma, resident of Baigundamar, Korba and Sumit Kumar Behera, resident of Paschim Para, Korba were selling narcotic drug Ampoules near the Transport Nagar New Bus Stand, Korba. It was further informed that both were in possession of a considerable number of injections of narcotic drug Pentazocine Lactate Injection I.P
Conviction under NDPS Act altered from Section 22(b) to 22(a) as the quantity of Pentazocine recovered was below the defined small quantity, warranting lesser sentences.
The court affirmed the conviction under the NDPS Act, ruling that the entire weight of narcotic mixtures must be considered for determining commercial quantity, and modified the sentence from 12 to 1....
The judgment establishes the importance of considering neutral substances in determining the small or commercial quantity of narcotic drugs or psychotropic substances, as well as the conversion of Di....
The court held that in cases of commercial quantity under the NDPS Act, bail can only be granted if the accused demonstrates reasonable grounds for believing innocence and that he will not reoffend, ....
Procedural non-compliance under the NDPS Act does not invalidate a conviction if substantial evidence supports the prosecution's case.
Section 52A of NDPS Act deals with disposal of seized narcotic drugs and psychotropic substances.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
In NDPS cases, once the prosecution establishes a prima facie case, the burden shifts to the accused to explain possession of the narcotic substance.
The absence of support from independent witnesses does not invalidate the prosecution's case if corroborated by credible evidence from law enforcement officials.
Seizure of psychotropic substance – Conviction and sentence cannot be sustained when there is no recovery from appellant of any incriminating material.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
