NAFR Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by AKHILESH AKHILESHBEOHAR BEOHAR Date: ACQA No. 69 of 2015

2025.08.19

14:33:56 +0530 Judgment Reserved on 06.08.2025 Judgment Delivered on 19.08.2025 • State of Chhattisgarh, Through District Magistrate, District Bastar, Chhattisgarh. ...Appellant versus

1. Shrikant Mishra, S/o Balram Mishra, aged about 25 Years, Occupation-

Driver, R/o Lendra, P.S. Barpali, District Bargad Orissa.

2. Santosh Verma, S/o Naturam Verma, aged about 35 years, Occupation- Tea Stall, R/o Sajri Tikra, Ward No. 8 P.S.-Bargar, Distt.-

Bargad, Orissa.

3. Subhash Maharana S/o Gopinath Maharana, aged about 35 years, Occupation- Carpenter, R/o Sajri Tikra, Ward No. 8, P.S.-Bargad, Distt.-

Bargad, Orissa.

4. Jagarnath Choudhary, S/o Labnu Choudhary, aged about 38 years, Occupation Agriculturist, R/o Village Fafni, P.S. Sabri Jaipur, Distt.-

Koraput, Orissa. ... Respondents

Hon'ble Shri Justice Sanjay S. Agrawal &

Hon'ble Shri Justice Radhakishan Agrawal

CAV Judgment

Per Radhakishan Agrawal, J.

1. This acquittal appeal filed by the Appellant/State arises out of the judgment dated 04.09.2010 passed by the Special Judge under NDPS Act, Jagdalpur, C.G. in Special Case No.01/2010, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act')

on the basis of benefit of doubt.

2. Case of the prosecution, in brief, is that on 01.09.2009, PW-6 Rajendra Prasad Mishra, Assistant Sub-Inspector, Police Station-Kondagaon, received a secret information from the informant that present respondents/accused persons are travelling in a white Indica Car bearing registration No.OR15/A/4486, carrying ganja illegally and are proceeding to Raipur via Jagdalpur from Orissa and acting upon such information, he reduced the same in Rojnamcha Sanha. Thereafter, independent witnesses were summoned to the police station along with weighing machine and informed them about the information received from the informant. After that, he prepared panchnama of informer's information vide Ex.P-9. Thereafter, through one Constable Naresh, he sent the informer's information to the SDOP Office, Kondagaon vide Ex.P-5. Thereafter, he along with staff and witnesses rushed to the spot as informed by the informer and after reaching the spot, they stopped the said Indica Car and found accused persons/respondents sitting there and police party told them about the information received by them from informer. As no Senior Officer was present on the spot, he himself took charge and prepared the proceeding panchnama vide Ex.P-11. In compliance of Section 50 of NDPS Act, a notice vide (Ex.P-12) was given to the respondents. Thereafter, personal search of the police party and the witnesses was also made by the respondents. As per the consent of the respondents, Police team searched the respondents and did not find anything in their possession, but in Indica Car, they found ganja like substance in 7 sacks vide Ex.P-14 and the same was seized vide Ex.P-15. In presence of the witnesses, after smelling, burning and rubbing the same, the recovered substance was found to be ganja vide Ex.P-16. Thereafter, following the provisions of law, ganja was weighed and weighing panchnama was prepared vide Ex.P-3 and total ganja of 76 Kg 200 gms were recovered vide Ex.P-7 and the seized substance was mixed together and thereafter sample of 100-100 gms each were taken out from each sack and Samras Panchnama was prepared vide Ex.P-17. Thereafter, 100-100 gms packets were segregated into 50-50 gms each and total 14 sample packets were prepared. Marks 'A, B, C, D, E, F & G' were affixed on the seven seized sacks, while the sample packets were marked from