2024:CGHC:36187-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1508 of 2024 State of Chhattisgarh Through Its Station House Officer, Police Station Patna, District Korea, Chahttisgarh.

... Petitioner versus Nazeer Azhar @ Bholu S/o Shri Jameel Khan, Aged About 25 Years R/o Village Sarna Para, Patna, Ward No. 9 Police Station Patna, District Korea Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

For Petitioner/State : Mr. S. S. Bhagel, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Digitally signed by Hon'ble Shri Bibhu Datta Guru , Judge ROHIT ROHIT KUMAR KUMAR CHANDRA CHANDRA Date: Order on Board

2024.09.18

10:28:10 +0530 Per Ramesh Sinha , Chief Justice

17 .0 9 .2024

1. Heard Mr. S. S. Baghel, learned Panel Lawyer, appearing for the applicant/State on I.A.No.01/2024, which is an application for condonation of delay of 19 days in filing the instant petition.

2. For the reasons mentioned in the application, same is allowed.

Delay is condoned.

3. Also heard on the application for grant of leave to appeal.

4. The State has sought leave to appeal against the impugned judgment of acquittal dated 20.07.2023 passed by the learned Special Judge (NDPS Act, 1985), Baikunthpur, District – Korea (C.G.) in Special Criminal Case No. 21/2022 by which, the respondent/accused has been acquitted of the charge punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, ‘the NDPS Act’).

5. The prosecution story, in brief, is that there is allegation against the accused respondent for the offence punishable under Section 22 C of the NDPS Act that on 09.09.2021 at village Patna, Sarnapara under Police Station Patna, the respondent has committed the offence under Section 22 (c) of the NDPS Act by carrying 13 numbers Bruprenafrin (2ML each) and 13 numbers Ampul Injection (10 ML each) in his possession at Chhindiya Chowk beneath Street Light under Police Station, Patna, District - Korea for searching the customers for the purpose of selling it without any legal licence, which comes under the commercial quantity.

6. As per the case of prosecution, on 08.09.2021 at night, on receiving the information from the informant, the Police Station, Patna along with the staff to the effect that the accused/respondent was in possession of the aforesaid psycho- topical substance in his house at village Patna for searching the customers for the purpose of selling it without any legal licence and the same is more than commercial quantity. Thereafter, on being informed to the gazetted official, the police team went to the spot to raid the premises of the accused/respondent and on the spot after due search, aforesaid substance from the possession of the accused respondent was recovered which was kept in his possession in his house for the purpose of selling it without any legal licence, which is more than commercial quantity, and thereafter, the samples were sealed and taken into possession by the Police and was sent for chemical verification.

7. After completing certain formalities, the accused / respondent was arrested and his family members were informed about his arrest. On the basis of aforesaid facts, Dehati Nalshi was recorded and subsequently, on the same facts, FIR was registered against the accused / respondent under Section 22 (c) of the NDPS Act vide FIR under Crime No. 280/2021. On completion of the investigation, the final report/challan was submitted before the learned trial Court.

8. In support of its case, the prosecution has examined as many as

11 witnesses and exhibited 56 documents. After appreciating the evidences on record, the learned trial Court did not believe the evidence proving guilt of the accused/ respondent, and therefore, acquitted the accused/respondent from the offence charged vide impugned judgment dated 20.07.2023 hence, present Criminal Miscellaneous Petition has been filed seeking leave to appeal.

9. Mr. S.S. Baghel, learned Deputy Advocate General appearing