2026:CGHC:880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 623 of 2024

1 - Ajay Kumar Panchal S/o Shyam Lal, Aged About 27 Years, R/o Village Karahiyana Samthar, P.S. Samthar, District Jhansi (U.P.)

--- Appellant versus

1 - State of Chhattisgarh Through Station House Officer, P.S. Bemetara, District Bemetara Chhattisgarh.

--- Respondent CRA No. 691 of 2024

1 - Sujata Bagh W/o Subhash, Aged About 22 Years, R/o Village Disariguda, Police Station Boriguma, District : Koraput, Orissa ---Appellant Versus

1 - State of Chhattisgarh Through The Police Station, Bemetara, District :

Bemetara, Chhattisgarh --- Respondent (Cause title taken from Case Information System)

For Appellant : Mr. G.P. Kurre, Advocate (in CRA No.691/2024)

Ms. D. Maity, Advocate (in CRA No.623/2024)

For Respondent/State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

07-01-2026

1. Both these appeals have been listed for hearing today on the application for suspension of sentence and grant of bail, however, with the DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by consent of the parties, the matter has been heard finally.

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2. Both these appeals are arising out from the same crime number and same sessions trial, therefore, they are being heard and decided together.

3. Both these appeals have been filed under Section 374(2) of the Cr.P.C. against the judgment of conviction and sentence dated 04-11-2023 passed by the learned Special Judge (NDPS Act), Bemetara in Special Case (NDPS Act) No.03/2022 whereby the appellants have been convicted for the offence under Section 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- each and in default of payment of fine, to undergo R.I. for 2 years each.

4. Brief facts of the case are that, on 18-09-2022 the Asst. Sub-Inspector Suresh Kashyap, PW-8, received a secret information that in the passenger bus from Raipur to Jabalpur of Lucky Travels four male and female persons are carrying Ganja in their bags. On receiving the secret information he called the independent witnesses, Tularam Sahu and Goukaran Sahu. The the secret information was informed to the independent witnesses and panchnama was prepared. The secret information panchnama and necessity to search without warrant panchnama was forwarded to SDO(P) Bemetara and they proceeded towards the place of incident. In front of City Kotwali, Bemetara, main road they stopped the Raipur Jabalpur bus of Lucky Travels bearing No.MP 20PA 0464 and when they stopped the bus, two male and two female persons deboarded from the bus and walking away. When they were stopped they disclosed their names as Swati Mahara, Sujata Bagh, Ajay Kumar Panchal and Mohammad Farid and that they are residents of different places. They were informed about the secret information and the police persons also gave their own search to them. On being search of the accused persons, from appellant Swati Mahara, 3.500 kg., from accused Sujata Bagh 4.300 kg., from accused Ajay Kumar Panchal 4.900 kg. and from accused Mohammad Farid 3.500 kg. contraband was seized which was duly identified on the spot by rubbing, smelling and taste and it was found to be Ganja. Various panchnamas were prepared on the spot. The notice under Section 91 of NDPS Act being served upon them, they could not produce any document with respect to possession of the alleged Ganja. The Ganja was seized and it was weighed on the spot through electronic weighing apparatus through by weighment witness Ajit Singh Rajput. The total quantity of Ganja came to 16.200 kg. and two separate sample of 50 gram each were drawn and separately sealed. Dehati Nalisi was recorded on the spot and accused persons, seized Ganja and other articles were taken to police station where FIR was registered and Ganja and other seized articles were kept in safe custody of Malkhan. The sample pac