2026:CGHC:2419-DB NAFR Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR BHANARKAR Date:

2026.01.16

10:23:37 +0530 CRA No. 2072 of 2024

1 - Shivam Pratap Singh S/o Udaybhan Singh Aged About 19 Years R/o 66 R.K. Puram Colony Fatherpur Abunagar, P.S. Kotwali Fathepur, District Pathepur, Uttar Pradesh.

2 - Shivam Patel S/o Rajesh Kumar Aged About 23 Years R/o I.T.I. Civil Line In Front Of Mahila College Fathepur, P.S. Kotwali Fathepur, District Pathepur, Uttar Pradesh.

... Appellants versus State Of Chhattisgarh Through Station House Officer, Police Station -

Kukdur, District Kabirdham, Chattisgarh.

... Respondent For Appellant(s) : Ms Anjali Pradhan, Advocate.

For Respondent(s) : Mr. S.S.Baghel, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

15.01.2026

1. The present appeal has been filed by the appellant under Section

374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 24.10.2024, passed by learned Special Judge (NDPS Act) District-Kawardha, District Kabirdham (C.G.) in Special Criminal Case under the NDPS Act No.288/2023, whereby the learned Special Judge has convicted the appellants for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced him for 12 years rigorous imprisonment with fine of Rs.1,00,000/- in default of payment of fine, additional R.I. for one year.

2. The prosecution case in brief is that on 24/05/2023, Sub-Inspector Sushil Verma (P.W.-13), posted at Police Station Kukdoor, received information from an informant that two persons were transporting illegal narcotic substance (ganja) in a four-wheeler bearing registration number OD-05 BG-4937, and that two other persons were conducting police surveillance in a white Swift Dzire car bearing registration number UP-30 MU-7306. The said information was entered in the police station daily diary Sanha No. 22 (Ex.P-41). Thereafter, Constable No. 811 Vijay Sharma was issued a duty certificate (Ex. P-43) and sent to Kukdoor town to serve notices upon witnesses. His departure was recorded in daily diary Sanha No. 23. Constable Vijay Sharma brought two witnesses, namely Chandra Kumar Sakat (P.W.-1) and Hari Prasad Khunte (P.W.-2), after serving notices Ex. P-01 and Ex. P- 23. The witnesses were informed about the secret information, and a Secret Information Panchanama (Ex.P-2) and a Panchanama regarding non-availability of search warrant (Ex.P-3) were prepared. Information under Section 42 of the NDPS Act was forwarded to the Sub-Divisional Police Officer, Pandariya, for which Constable No. 182 Pancham Baghel was issued a duty certificate (Ex.P-45)

3. Investigating Officer Sub-Inspector Sushil Verma (P.W.-13), along with accompanying staff and investigation materials, reached the spot for verification of the information. After some time, a white Swift Dzire vehicle bearing registration number UP-30 MU-7306 was seen coming from the Pandariya side. On noticing the police, the occupants sped away toward Bajag, upon which police staff were sent in pursuit and Police Station Bajag was informed via mobile phone. Shortly thereafter, a Honda Amaze vehicle bearing registration number OD-05 BG-4937 was seen approaching. When signaled to stop, the vehicle did not stop immediately and was finally stopped in front of the house of Dhannu Shrivas, Awas Para. On inquiry, the driver disclosed his name as Shivam Pratap Singh, son of Udaybhan Singh, aged 19 years, resident of 66 K.R.K. Colony, Abu Nagar, Fatehpur (Uttar Pradesh), and the other person disclosed his name as Shivam Patel, son of Rajesh Kumar, aged 23 years, resident of ITI Civil Line, in front of Mahila College, Fatehpur (Uttar Pradesh). As there was no electricity at the spot, consent was obtained from