2026:CGHC:4548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 305 of 2024

1 - Anurag Singh S/o Mahendra Singh Aged About 29 Years R/o Village Post Lediyari, P.S. Khiri, Distt. Prayagraj, U.P.

--- Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, P.S.

Nagarnar, Distt. Bastar, C.G.

--- Respondent(s)

CRA No. 339 of 2024

1 - Shekhar Singh S/o Vijay Bahadur Singh Aged About 29 Years R/o Village Post Lediyari, Police Station Khiri, District Prayagraj (U.P.)

2 - Maqsud Khan S/o Abbas Khan Aged About 36 Years R/o Village Dihikhurd, Post Lediyari, Police Station Khiri District Prayagraj (U.P.)

---Appellant(s)

Versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station Nagarnar, District : Bastar(Jagdalpur), Chhattisgarh --- Respondent(s)

(Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

23/01/2026 Since these two appeals arise out of the same judgment and order dated 24.01.2024 passed by the learned Special Judge (NDPS), Bastar at Jagdalpur in Special Criminal Case (NDPS Act) No. 07/2023, and as the facts and questions of law involved in both the appeals are common, they were heard together and are being disposed of by this common judgment.

2. These appeals have been preferred under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the legality, propriety and correctness of the judgment of conviction and order of sentence dated 24.01.2024, whereby the appellants have been convicted for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for one year.

3. According to the prosecution, on 20.09.2022 at about 13:20 hours, the Assistant Sub-Inspector of Police Station Nagarnar received secret information from an informant that three persons were transporting illegal contraband ganja in a Ford car bearing registration No. UP-70-AW-0571 from the State of Odisha towards Jagdalpur. It is alleged that the said information was recorded in the rojnamcha and communicated to superior officers. Thereafter, a police party consisting of the Station House Officer, investigating staff and seizure witnesses proceeded towards the indicated place. At about 21:30 hours on the same day, the police party intercepted the said vehicle near Village Dhanpunji, Forest Naka, NH-63 Main Road, Police Station Nagarnar, District Bastar.

4. The prosecution case further alleges that after stopping the vehicle, the police informed the occupants about the purpose of interception and conducted search of the vehicle. During search, the police allegedly recovered several packets containing ganja from the vehicle. The total weight of the seized contraband was stated to be about 30 kilograms. A seizure memo and panchnama were prepared in the presence of witnesses. The appellants and a co-accused were arrested on the spot. Samples were allegedly drawn from the seized contraband and sent for chemical examination. After completion of investigation, a charge-sheet was filed against the appellants for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act.

5. The learned trial court framed charges against the appellants. During trial, the prosecution examined 13 witnesses including police officials and seizure witnesses. The appellants denied the allegations in their statements under Section 313 of Cr.P.C. and pleaded false implication.

6. Upon appreciation of evidence, the learned trial court convicted and sentenced the appellants as stated above. Hence, the present appeals.

7. Learned counsel for the appellants submits that the very foundation of the prosecution case is doubtful and fabricated. It was argued that the Dehati Nalisi (Ex.-P/40) which is ordinarily prepared at the spot at the first instance of detection of crime, appears to have b