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2026:CGHC:5479

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 389 of 2018

Jagatram Yadav S/o Chhattram Yadav Aged About 22 Years R/o

Aramsahi, Police Station Masturi, District Bilaspur Chhattisgarh,

District : Bilaspur, Chhattisgarh

... Appellant

versus

State Of Chhattisgarh Through The Incharge, Exicse Circle, Banki

Mongra, District Korba Chhattisgarh, District : Korba, Chhattisgarh

... Respondent(s)

For Appellant : Mr. Shrawan Kumar Chandel, Advocate

For Respondent(s) : Mr. Jitendra Shrivastava, G.A. for the State.

Hon'ble Shri Justice Arvind Kumar Verma,

Judgment on Board

31/01/2026

1. This criminal appeal has been filed under Section 374 (2) of

Cr.P.C., 1973 by the appellant against the judgment of conviction

and order of sentence dated 26.02.2018 passed by the learned

Special Judge (N.D.P.S. Act), Korba, (C.G.), in Special Criminal

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(NDPS) Case No. 04/2016, whereby the appellant has been con-

victed and sentenced as follows:-

Convicted Sentenced to

U/s 20(b)(ii)(B) of R.I. for 5 years with fine of Rs.

N.D.P.S. Act, 1985 10,000/-, in default of payment of fine,

additional R.I. for 6 months.

2. The prosecution case is that on 21.07.2016, during patrol duty on

the Baandhakhar–Pali road, at Village Nunera Chowk, on the ba-

sis of secret information received by P.L. Nayak, due to lack of

time, without obtaining a search warrant, the police staff along

with witnesses reached Baandhakhar Chowk and stopped Jaga-

tram Yadav. The witnesses were served notice to remain present

during the proceedings. Jagatram was informed about the secret

information that he was carrying ganja in the bag kept with him

and that a search was to be conducted. Upon consent given by

the accused for search, the excise staff, investigating officer, wit-

nesses, and vehicle Tata Sumo were searched. A weighing scale

was found in the Tata Sumo vehicle, but no objectionable article

was recovered. Thereafter, on searching the plastic bag kept by

the accused, a greenish-brown substance was recovered, which

upon examination was found to be ganja. The seized narcotic

substance was mixed thoroughly and weighed using a certified

weighing scale, and its total weight was found to be 5 (five) kilo-

grams. Out of this, 90 grams of ganja were taken and divided

equally into three polythene packets of 30–30 grams each, sealed

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with seal paper, and marked as samples (A), (B), and (C). The re-

maining ganja was sealed in the same bag and seized. Since the

accused was found in possession of 5 kilograms of ganja, a nar-

cotic substance, under his control, an offence under the NDPS

Act, 1985 was made out. For committing a punishable offence un-

der Section 20(B)(ii)(b), the accused was informed in writing of the

grounds of arrest and was arrested. Information of his arrest was

given to his uncle Munnaram Yadav. A site inspection map of the

place of occurrence was prepared. On 27.07.2016, the remaining

sealed ganja and sealed samples were sent from the Tehsil to City

Kotwali Police Station, Korba, for safe custody. Due to lack of

space in the police malkhana, the articles were returned and

thereafter deposited in the Excise Control Room malkhana, Ko-

rba. The superior officer was informed regarding the registration of

the offence. On 22.07.2016, the Assistant Excise Commissioner,

District Korba, was sent the report along with the sample for ex-

amination. On 25.07.2016, the sample was deposited by Pradeep

Singh at the State Regional Forensic Science Laboratory, Bi-

laspur, for testing. As per the received chemical examination re-

port, the sample tested positive for ganja. After completion of in-

vestigation, a charge-sheet against the accused was filed in the

Court on 24.08.2016 for offence Crime No. 87/2016 under Section

20(b)(ii)(B) of the NDPS Act, 1985. The charge under Section

20(b)(ii)(B) of the NDPS Act was framed against accused Jaga-

tram Yadav, read over and explained to him. Upon understanding

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the same, the accused denied committing the offence and claimed

trial.

3. The learned Special Jud