2024:CGHC:37249-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 473 of 2020 • Mukesh Kumar Bharti S/o Sadhuram, aged about 21 years, R/o Sobantha, P.S. Narho, District – Baliya (U.P.).

---Appellant Versus • State of Chhattisgarh, Through – Police Station Sariya, District –

Raigarh, Chhattisgarh.

---Respondent For Appellant :- Mr. Sumit Singh Rathore, Advocate.

For State-Respondent :- Ms. Smita Jha, Panel Lawyer.

Hon'ble Smt . Justice Rajani Dubey Hon'ble Shri Justice Sanjay Kumar Jaiswa l Judgment on Board (23.09.2024)

Rajani Dubey, J.

1. This criminal appeal filed by the appellant-accused, under Section 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 11.02.2020, passed by learned Special Judge (N.D.P.S. Act), Raigarh, District - Raigarh (C.G.) in Special Criminal Case (NDPS Act) No. 05/2018, whereby the appellant has been convicted for offence punishable under Section 20(b) (ii)(C) of Narcotics Drugs and Psychotropic Substances Act, Digitally signed by HEERA LAL SAHU Date:

2024.10.14

1985 and sentenced to undergo rigorous imprisonment for 15 years with fine of Rs.1,00,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for two years.

2. The case of the prosecution, in short, is that on

20.20.2018, Sub Inspector Virendra Chandra (PW-9) posted at police station Sariya received secret information from an informant that a person from Odisha was coming in a silver coloured Bolero vehicle bearing registration No. JH-20-C- 7162 is carrying the illegal narcotic substance Ganja. The above information was entered in Rojnamcha Sanha (Ex.P- 27) by Sub Inspector Virendra Chandra (PW-9) and after that witness Rajesh Oraon (PW-8) was sent to summon the witness and his entry was made in Rojanmcha Sanha (Ex.P-28) and in this regard, duty certificate (Ex.P-25) was issued to witness Rajesh oraon. Witness Rajesh Oraon (PW- 8) brought witnesses Murali Panigrahi (PW-1), Shyamlal Pradhan (PW-2) and Lalchand Dansena (PW-5) with him to the police station, whose entry was made in the Rojnamca Sanha (Ex.P-29).

2.1. Thereafter, notices (Ex.P-2) and (Ex.P-3) were issued to the witnesses under Section 160 of the Code of Criminal Procedure. Thereafter, an informer information panchanama (Ex.P-1) was prepared in the presence of Lalchand Dansena (PW-5) and Murali Panigrahi (PW-1), which was entered in the Rojnamcha Sanha (Ex.P-31). A copy of the said informer information panchnama was sent to the police sub-divisional officer, Sarangarh through Rajesh Oraon (PW-8) whose entry was also made in Rojnamcha Sanha (Ex.P-32) and a duty certificate was also issued to the said witness constable Rajesh Oraon.

2.2 According to the prosecution, considering the possibility of the informant information failing due to the absence of the police sub-divisional officer Sarangarh on time, the investigating officer Virendra Chandra (PW-9) entered the information in the Rojnamcha Sanha (Ex. P-33) and left for Kanchanpur Odisha border in a government vehicle along with the police personnel and witnesses, which was entered in the Rojnamcha Sanha (Ex.P-34). As per the information of the informer, they were standing at the spot. After that, a silver-coloured Bolero vehicle came at a high speed, which was stopped and on questioning, the driver told his name as Mukesh Bharti.

2.3 After which, notice (Ex.P-3) was given to the accused Mukesh Bharti under section 50 of the NDPS Act and consent panchanama was prepared regarding the incident of the accused. Thereafter, the witnesses were searched by the accused and searc panchanama Ex. P. 5, 6 and 7 were prepared. Thereafter the accused was searched and a search panchnama (Ex.P-8) was prepared. During the search, the contraband ganja was recovered from the rear seat of the Bolero vehicle and a recovery panchnama (Ex.P- 9) was prepared. The recovered substance was identified in front of witnesses and an identification panchnama (Ex.P- 10) w