2026:CGHC:937-DB

2026:CGHC:937-DB

2026:CGHC:937-DB

2026:CGHC:937-DB

2026:CGHC:937-DB

2026:CGHC:937-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 8 of 2018

1. Dharmendra Sahu, S/o Kedar Sahu, Aged About 23 Years, R/o Village Bartola, P. S. Bhalumada, District Anuppur, Madhya Pradesh

2. Ramesh Kenwat, S/o Bhandari Kenwat, Aged About 32 Years, R/o Village Danganiya Chot, P. S. Bijri, District : Anuppur, Madhya Pradesh … Appellants versus • State of Chhattisgarh Through the P. S. Mainpur, District- Gariyaband, Chhattisgarh ... Respondent/State ____________________________________________________________

For Appellant No. 1 : Mr. Goutam Khetrapal, Advocate For Appellant No. 2 : Mr. Vikash Pradhan, Advocate.

For Respondent/State : Mr. Ashish Shukla, Addl. A.G.

Hon'ble Smt Justice Rajani Dubey J. &

Hon’ble Shri Justice Amitendra Kishore Prasad, J.

C A V Judgement Per, Rajani Dubey , Judge

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment and order of sentence dated 12.12.2017 passed by the learned Special Judge of N.D.P.S. Act, 1985, Raipur, District- Raipur (C.G.) in Special N.D.P.S. Case No. 43/2017 whereby and whereunder, the appellants have been held guilty of commission of offence and sentenced as described below:-

(Both sentences are directed to run concurrently)

2. The case of the prosecution in brief is that on 04.12.2016 at about 9:00 am in- charge officer of Police Outpost- Bindra Navagarh of Police Station- Mainpur, Assistant Sub-Inspector Ravikant Verma (PW-08) along with staff and witnesses was discharging his official duty and he received the secret information from an informer that two persons were transporting narcotic substance ganja in TATA Safari car bearing Registration No. MP 65-T-3999, which is coming from Deobhog- Raipur in which two persons viz., appellants Dharmendra Sahu & Ramesh Kewat were sitting and going towards Gariyaband. The aforementioned information was recorded in the Rojnamcha Sanha and on receiving the information, the witnesses namely Sukhchand Netam (PW-2) and Keshiram (PW-3) were made about the secret information and a panchanama to this effect was prepared on the spot vide Ex. P/6 and a copy of it was sent to Sub-Divisional Officer Police, Mainpur by giving a duty certificate to Constable Pankaj Dugga (PW-4) for conducting proceedings under the N.D.P.S. Act. Constable Khamlesh Markam was sent with a duty certificate to summon two independent witnesses. Both the witnesses were made aware about the secret information and gave them summon under Section 160 of the Cr.P.C. and were asked to co-operate in the proceedings. Thereafter, a panchanama was prepared in front of witnesses regarding non-receipt of search warrant. Investigating Officer- Ravikant Verma, Assistant Sub-Inspector (PW-8), in-charge of Police Outpost- Bindra Navagarh of Police Station- Mainpur along with staff and witnesses, then went to main road in front of police station and barricaded the road. After some time, a vehicle Safari Car bearing registration No. CG-04-CW- 5100 came at high speed, broke through the barrier and moved ahead. Following the pursuit, the vehicle was cordoned off and stopped on Bhainstara road near the drain beyond Satdhar. There were two persons sitting in the said car. On questioning, the persons sitting on the driver’s seat told his name as Dharmendra Sahu and Ramesh Kewat. The accused/ appellants were informed about the secret information and were told that he wanted to search them and their car. It was also told to the accused persons that they can also get themselves searched by any gazetted officer or the nearest Magistrate. In this regard, notice was given to the accused persons and they agreed to search themselves by Investigating Officer-Ravikant Verma (PW-8), Assistant Sub Inspector and the police party was searched in front of witnesses in which no objectionable item was found from the police party and a search panchanama was prepared accordingly. Aft