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.

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:

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. Ridof. Acting upon this information, the Assistant Sub- Inspector (ASI) informed the superior officer under Section 42 NDPS Act, prepared the mukhabir suchna panchnama, and called two independent witnesses Sonu Kumar Joshi and Roshan Vishwakarma. After forming a raiding party and completing the mandatory compliance, the police team reached the New Bus Stand. The informer identified the two suspects, who revealed their names as Pankaj Sharma and Sumit Kumar Behera. Both accused were served notice under Section 50 NDPS Act, informed of their legal rights, and their consent for search was obtained. The bags in their possession were searched in presence of independent witnesses. During the search, from the possession of accused Pankaj Sharma, the police recovered: 260 units of Pentazocine Lactate Injection I.P. Ridof and Cash Rs.150/-. From the possession of accused Sumit Kumar Behera, the police recovered: 175 units of Pentazocine Lactate Injection I.P. Ridof and Cash Rs.680/-.

4. When asked for documents, no documents were found. The drugs recovered from the accused were duly seized in the presence of witnesses, and a seizure memo was prepared. From the seized drugs, one sample copy packet containing five pieces each was prepared for chemical testing, sealed in the presence of witnesses, and a panchnama was prepared. Upon finding the accused were guilty of a crime, they were duly arrested in the presence of witnesses, and an arrest memo was prepared. Their families were informed of the crime. A site map of the incident was prepared in the presence of witnesses, and witness statements were recorded. A Dehati Nalisi was filed on the spot. After the entire process, the accused, accompanying staff, and witnesses returned to the police station. The confiscated goods were handed over to the head constable (Mohrir) for safekeeping in the storeroom, and a first information report was filed against the accused. In this case, physical examination of the seized medicine was conducted by the Drug Inspector and a draft of the sample taken for testing was prepared and sent to F.S.L. The examination was conducted in Bilaspur, where the report has been submitted to the case. Upon completion of the investigation, a charge sheet was filed against the accused in court.

5. When charges were framed against the accused Pankaj Sharma and Sumit Kumar Behera under Section 22(b) of the NDPS Act, the