2026:CGHC:2603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 959 of 2016 Nakul Sharma S/o Ram Kalyanji Sharma Aged About 28 Years R/o Ahiron Ki Basti, Borkheda, P.S. Budhadeet, District Kota, Rajasthan. ... Appellant.

versus State Of Chhattisgarh Through P.S. G.R.P. Raipur, District Raipur, Chhattisgarh.

---- Respondent For Appellant : Mr. Vivek Singhal, Advocate (Legal Aid).

For State : Mr. Vivek Mishra, PL. Hon'ble Shri Justice Arvind Kumar Verma Judgment On Board

15.01.2026

1. Challenge in this criminal appeal is to impugned judgment of conviction and sentence dated 18.07.2016 passed by learned Special Judge, (NDPS Act), Raipur, (CG) in Special Criminal Case No.7/2016, whereby the appellant stands convicted and sentence as under:

2. The present appeal was filed in the year 2016 and the appellant was granted bail by this Court vide order dated 29.07.2016.

3. No one appeared on behalf of the appellant when the matter was called out for hearing, therefore, I requested for assistance from a Counsel of the High Court Legal Services Committee. Mr. Vivek Singhal, Advocate is nominated to assist the Court on behalf of the appellant.

4. Case of the prosecution, in brief, is that on 08.12.2015 Sub-

Inspector L.S. Rajput, Police Station -G.R.P., Raipur received secret information from the informant that a young man aged about 28–30 years was travelling in the general coach of Samta Express train (coming from Visakhapatnam towards Hazrat Nizamuddin via Odisha) and was carrying contraband ganja in his bag. On receipt of such information, he alongwith other staffs reached the spot beneath the overbridge at Platform No.2 of Raipur Railway Station. On the arrival of Samta Express, a person matching the description given by the informant was identified and intercepted and upon inquiry he disclosed his name as Nakul Sharma (present appellant) and also admitted that the bag in his possession contained the ganja. Upon searching the bag of the accused, two packets containing 5 kilograms ganja has been recovered. On the basis of seizure, accused-appellant was arrested under the NDPS Act. After completion of other necessary formalities, the police returned to the Police Station and deposited the contraband in the Malkhana and lodged FIR against the appellant.

5. After completion of investigation, charge-sheet/challan was filed against the appellant and based upon which trial Court framed the charges against him.

6. In order to prove guilt of appellant, prosecution examined total 08 witnesses and their statements were recorded. However, no defence witnesses was examined. Statement of appellant (accused) was recorded under Section 313 CrPC in which he pleaded innocence and false implication.

7. After completion of trial, trial Court convicted and sentenced the appellant as mentioned in paragraph -1 of this judgment. Hence, this appeal.

8. Learned counsel for the appellant submits that he is not pressing this appeal on merits and confining his arguments to the quantum of sentence only. He contended that quantity of contraband ganja seized from the appellant is an intermediate quantity. Maximum jail sentence awarded to the appellant is of 02 years and he has already served more than 07 months of jail sentence. Appellant is not having any previous criminal incident, hence, it is prayed that sentence awarded to appellant be reduced to the period already undergone by him.

9. On the other hand, learned State Counsel opposing the prayer of learned counsel for appellant, would submit that the trial Court has rightly convicted and sentenced the appellant and therefore, the impugned judgment does not call for any interference.

10. I have heard learned counsel for the parties and perused the record of the trial Court including the impugned judgment.

11. Though learned cou