2024:CGHC:44121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 516 of 2018

1 - Ravinarayan Panda, S/o Dashrathi Panda Aged About 43 Years R/o-

Village Naroda, Thana Patukura, District- Kendrapada (Orida), Orissa ---- Appellant versus

1 - State of Chhattisgarh Through- Police Station Simga, District- Baloda Bazar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents and CRA No. 645 of 2018

1 - Dhubai Charan Sahu, S/o Bipra Sahu Aged About 27 Years R/o-

Tirchipada, P.S. Monu Munda Baudh (Odissa), District : Baudh *, Orissa ----Appellant Versus

1 - State of Chhattisgarh Through- P.S. Simga, District- Baloda Bazar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent For Appellants : Mr. Vikash Pradhan, Advocate in CRA No. 516/2018 & Mr. F.S. Khare, Advocate in CRA No. 645/2018.

For State/Respondent : Mr. Pramod Shrivastava, Dy. Govt. Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas Judgment On Board

13.11.2024

1. Today the matter is listed before this Court on application for urgent hearing, but with the consent of both parties, the matter is heard finally.

2. As both the criminal appeals arises out of same crime number, same Special Criminal Case No. 03/2016 and common order passed by the ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2024.11.18 learned Special Judge (NDPS) Balodabazar, they heard analogously and are being disposed of by this common judgment.

3. These appeals have been preferred by the appellants under Section

374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 13.12.2017 passed by the learned Special Judge (NDPS Act), Baloda-bazar (C.G.) in Special Criminal Case (NDPS) No. 03/2016, wherein the said court convicted the appellants for commission of offence under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act, 1985”) and sentenced them to undergo R.I. for 10 years each and fine of Rs. 1,50,000/- each and in default of payment of fine further R.I. for 1 year.

4. The prosecution story, in brief, is that on 15.05.2016, Sub-Inspector-

Ramesh Markam (PW-10) received secret information that the appellants were transporting contraband article ganja in Mahindra Pickup bearing registration No. OR 05Q 5574 which was driven by appellant- Ravinarayan Panda and appellant- Dhubai Charan Sahu sat in the vehicle. A raid was conducted by the police and 54 kg. contraband article ganja was seized from possession of the appellants accordingly, the offence as aforestated has been registered against the appellants. The police after usual investigation, submitted charge- sheet before the concerned trial Court which was registered as Special Criminal Case (NDPS) No. 03/2016.

5. The prosecution to prove guilt of the appellants has examined as many as ten witnesses and exhibited documents Ex. P/1 to P/38 whereas no witness was examined by the appellants for their defence. The appellants were examined under Section 313 of the Cr.P.C. and thereafter learned trial Court on the basis of evidence and material on record has convicted the appellants and sentenced as aforestated vide impugned judgment dated 13.12.2017. Being aggrieved with the aforesaid impugned judgment passed by the learned trial Court, the appellants have preferred these appeals before this Court.

6. Learned counsel for the appellants would submit that the trial Court without appreciating the Standing Order No. 1/89 dated 13^th June, 1989 which has been framed by Government of India in exercise of powers conferred by sub-section (1) of Section 52A of the NDPS Act, 1985 with regard to disposal of seized Narcotics Drug Psychiatric substance has convicted the appellants. Learned counsel for the appellants has drawn attention of this Court towards Section 2 of the Standing Order which deals with the general procedure for sampling, storage, etc. They would further submit that as per Standing Order, Clause 2.4, in case of seizure of a single pack