2026:CGHC:6791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1079 of 2002

1. Ram Babu S/o Shiv Prasad Gupta, aged About 40 Years, R/o.

Bangalipura, Banda, Police Station – Kotwali (U.P.)

2. Sunil Kumar S/o Sukhdev Singh Christian, aged about 42 years, R/o.

Chhawani, Police Station – Banda (U.P.)

... Appellants versus The State of Chhattisgarh.

... Respondent For Appellants : Mr. D.K. Gwalre, Advocate.

For Respondent : Mr. S.S. Baghel, Government Advocate.

Digitally signed by PREETI PREETI KUMARI Hon'ble Shri Ramesh Sinha, Chief Justice KUMARI Date:

2026.02.10 Judgment on Board

17:51:18 +0530

06.02.2026

1. This criminal appeal filed by the appellants/accused under Section 374(II)

of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 03.10.2002 passed by the Court of Special Judge (NDPS Act) Raipur (C.G.) in Special Criminal Case No.19/2001 whereby the appellants/accused have been convicted for the offence punishable under Section 20(b)(i) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for 5 years and to fine of Rs. 50,000/-, to each appellant in default of payment of fine, additional rigorous imprisonment for 01 year.

2. Case of the prosecution, in brief, is that on 26/02/2001, Sub-Inspector Nirbhay Singh (PW-8), posted at Police Station Abhanpur, received information from an informer that two or three persons regularly bring ganja from Jagdalpur every eight to ten or fifteen days in an Ambassador car, and that on that day also they would be arriving with ganja in a similar vehicle. This information was entered in the daily diary (rojnamcha). The Sub-Inspector prepared a panchnama, and due to lack of time, prepared a separate memo stating that it was not possible to obtain a search warrant. Thereafter, he immediately proceeded to the spot along with his staff and witnesses and set up a blockade. Near Bendri Mod, an Ambassador car bearing registration number MP-10-A-0701, coming from the Kadpur side, was stopped. The accused persons were seated in the car. On being asked, they disclosed their names. They were informed about the information received from the informer and were served a search notice, informing them of their legal right to have the search conducted before a Gazetted Officer or a Magistrate, or by the Sub-Inspector himself. The accused consented to have the search conducted by the Sub-Inspector.

3. Thereafter, the police staff and witnesses offered their own personal search to the accused/appellants. First, the personal search of both accused was conducted, but no incriminating article was found. Subsequently, the search of the car was carried out. From the rear seat and the boot, about 10 plastic bags were recovered, which were filled with ganja. The bags were taken out and the substance was examined by smelling, rubbing, and burning, confirming that it was ganja. The ganja was weighed, and each bag was found to contain 13 kilograms of ganja. From each bag, two samples of 30 grams each were drawn, packed in polythene packets, and labeled with signed slips. This procedure was followed for all the bags. The sample packets and the remaining ganja were sealed and seized. The Ambassador car and its documents were also seized. The accused/appellants were brought to the police station along with the seized property, entries were made in the daily diary, and an FIR was registered. The seized property was safely deposited in the malkhana. The accused/appellants were arrested, and information regarding the arrest and seizure was sent to senior officers. The sample packets of the seized contraband were sent for chemical examination, which confirmed that the substance was ganja. Other investigative steps were completed.

4. After some time, a white Ambassador car bearing registration number UP-90/0701 arrived, which was also stopped. Both accused were seated i