2026:CGHC:7283 Digitally s A i B g H ne I d G Y b A y NAFR ABHIGYASAXENA SAXENA Date:

2026.02.10 17:47:54 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2556 of 2025

1 - Shailendra Banjare S/o Vijay Banjare Aged About 22 Years R/o Infront Of Gokul Apartment, Shyam Nagar, Police Station- Telibandha, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Police- Station Telibandha District Raipur (C.G.)

... Respondent(s)

For Appellant : Mr. Shrestha Gupta, Advocate (Legal Aid)

Respondent/State : Ms. Swati Raj Gupta, Panel Lawyer Hon'ble Shr i Justice Sanjay Kumar Jaiswal Judgment on Board

10.02.2026

1. This appeal has been preferred by the appellant under Section 415 (2) of BNSS, 2023 challenging the impugned judgment of conviction and order of sentence dated 12.06.2025 passed by learned Special Judge (NDPS Act), District Raipur (C.G.) in Special Criminal Case (NDPS) No.77/2020, whereby the appellant has been convicted for offence under Section 22(b)(ii)(B) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 4 years with fine of Rs.40,000/-, in default of payment of fine, to undergo additional R.I. for 8 months.

2. The case of prosecution, in short, is that, on 28.10.2020, upon receiving secret information, the concerned police authorities conducted a search near Shatabdi Nagar Shamshan Ghat (graveyard), Telibandha, Raipur (C.G.), and allegedly apprehended the present appellant, Shailendra Banjare, along with co-accused Vijay Dubey, while they were in possession of contraband narcotic substance, namely Ganja (Marijuana). It is alleged that 2 kg of Ganja was recovered from the possession of co-accused Vijay Dubey and 2.5 kg from the possession of the present appellant, following which the police carried out investigation in accordance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and filed a charge-sheet against them for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985.

3. During trial, the prosecution examined 14 witnesses in support of its case, whereas the present appellant, when examined under Section 313 of the Code of Criminal Procedure, denied the allegations, pleaded innocence, and did not adduce any evidence in defence. Upon conclusion of trial, the learned Special Judge (NDPS Act), Raipur, vide judgment and order dated 12.06.2025 passed in Special Sessions Trial (NDPS Act) No. 77/2020, convicted the present appellant and sentenced him.

4. Learned counsel for the appellant submits that the appellant does not wish to press the present appeal on merits and confines his arguments only to the question of sentence. He further submits that he is not aware whether the fine amount imposed by the learned Trial Court has been deposited. Learned counsel appearing on behalf of the appellant further submits that the appellant remained in custody for a period of 311 days during the course of trial and has been continuously in jail since 12.06.2025 till date. Thus, the appellant has undergone incarceration for a total period of one year, six months, and five days. In view of the aforesaid facts and circumstances, it is prayed that the sentence imposed upon the appellant be reduced to the period already undergone by him, in the interest of justice.

5. Per contra, learned counsel appearing for the State, supported the impugned judgment and opposed the arguments advanced on behalf of the Appellant. She submits that the appellant has one previous criminal antecedent under Sections 147, 148 and 149 of Indian Penal Code, therefore, his appeal may be dismissed.

6. Heard learned counsel for the parties and perused the record including the impugned judgment.

7. Having gone through the material available on record and the evidence of Peer Mohhamad (PW-10), seizure memos (Ex.P-30 & Ex.P-31) and the report of State Forensic Science Laboratory (Ex.P-62), establish the involvement of the Appellant in the crime in question. This Court does not find any ma