2026:CGHC:4808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 392 of 2024

1 - Shok Haran Lavkesh S/o Ramakant Cast Mahara, Aged About 22 Years R/o Village Saraitola Thana Rajendragaram District Anuppur (M.P.)

2 - Manoj Kumar Tendve S/o Lalla Prasad Cast Mahara, Aged About 22 Years R/o Soniyamar Thana Rajendragarh District Anuppur (M.P.)

... Appellants versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Gurur, District Balod Chhattisgarh.

... Respondent(s)

For Appellants : Shri Vikas Pradhan, Advocate For Respondent/State : Shri Rishi Raj Pithawa, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

28/01/2026 This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred against the judgment dated 31.01.2024 passed by the learned Special Judge (NDPS Act), Balod in Special Sessions Case No. 26/2023, whereby the appellants have been convicted for offence punishable under Sections 8/20(b)(ii)(C) of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/- each. Thus, the appellants challenge the legality and correctness of conviction and sentence.

2. According to the prosecution, on 04.02.2023, police personnel of Police Station Gurur, District Balod, under the leadership of ASI Arun Kumar Sahu (PW-12), were engaged in routine vehicle checking duty near Fagunadah Tiraha situated on National Highway-930 within the jurisdiction of Police Station Gurur. It is the prosecution case that while the police team was conducting vehicle checking, ASI Arun Kumar Sahu (PW-12) received reliable secret information that a Bolero vehicle bearing registration No. MP-18-T-3451 was coming from the direction of Durg carrying illegal contraband ganja. The information was reduced into writing and necessary intimation was communicated to superior officers asper procedure. The information and related proceedings form part of the documentary evidence proved during trial. After some time, the suspected vehicle was noticed approaching and was stopped by the police party. Upon checking, two persons were found inside the vehicle. The driver disclosed his name as Shok Haran Lavkesh, while the co- occupant disclosed his name as Manoj Kumar Tendve, both residents of District Anuppur, Madhya Pradesh.

3. This fact has been deposed by PW-12 (Investigating Officer) and corroborated by members of the police party including PW-2, PW-4, and PW-5. Before conducting search, notices were issued and accused persons were informed regarding legal formalities. Necessary consent proceedings were drawn in presence of witnesses. Documents concerning consent and search proceedings were proved as Exhibits P- 36 and P-37, while procedural compliance entries were proved by PW- 12. Thereafter, the police team conducted search of the Bolero vehicle in presence of witnesses. During search, plastic sacks and packets kept in the rear portion of the vehicle were found containing suspicious substance. Upon opening and examination, the substance was suspected to be ganja. According to prosecution, the recovered contraband consisted of three plastic sacks containing 20 kilograms 12.800 kilograms ganja and the total recovered quantity was found to be 33.200 kilograms, which falls within commercial quantity under NDPS Act. The seizure proceedings were recorded vide Seizure Panchnama Exhibit P-8, proved by PW-1, PW-3, and PW-12. Recovery proceedings are further supported by Vehicle Search Panchnama — Exhibit P-7, Recovery Panchnama — Exhibit P-9. Identification Panchnama — Exhibit P-10 and Weighment Proceedings. The contraband substance recovered from different packets was weighed using an electronic weighing machine brought to the spot. The weighment proceedings and certification documents were proved through Ex. P-12 & P-13 — Weighment proceedings, proved by PW-11, Ex. P-33 & P-34 — Certification regarding weighing machine, also proved through PW-11.

4. After weighing, all packets wer