2026:CGHC:4242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1546 of 2018

1 - Narendra Shikari S/o Aajulal Shikari Aged About 30 Years R/o Village- Matiyari, Police Station- Sipat, Civil And Revenue District-

Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station-

Sipat, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s)

For Appellant(s) : Ms. Seema Singh Chandel, Advocate For Respondent/State : Shri Krishna Gopal Yadav,Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

23/01/2026 This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred against the judgment of conviction and order of sentence dated 23.08.2018 passed by the learned Special Judge (NDPS Act), Bilaspur, in Special NDPS Case No. 05/2017, whereby the appellant has been convicted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced to undergo rigorous imprisonment for one year with fine of Rs.15,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for three months.

2. The prosecution case, in brief, is that on 09.02.2017, Assistant Sub Inspector Ramesh Kumar Behra received secret information through a mukhbir that the appellant Narendra Shikari, resident of village Matiyari, was illegally carrying ganja on a motorcycle while proceeding from Matiyari towards Pandhi. The said information was duly recorded in the rojnamcha and reduced into writing. The information was communicated to superior officers in compliance with the provisions of Section 42 of the NDPS Act. Thereafter, witnesses Vinod Yadav and Arun Kashyap were called, and a police team comprising Head Constable No. 483 and Constables Nos. 842, 1194 and 601 was constituted.

3. As there was apprehension that delay in action might result in destruction of evidence and a gazetted officer was not immediately available, the police party proceeded to the spot near Beltara Chowk of village Matiyari. At the spot, the appellant was found riding a motorcycle bearing registration No. C.G. 10/EA/4523. After informing him about the purpose of search and following due procedure, search was conducted. During search, one bag was found hanging on the motorcycle. On opening the bag, a greenish-brown leafy substance having characteristic smell was recovered. On preliminary testing, the substance was identified as ganja. The recovered contraband was weighed on an electronic scale and found to be 2 kilograms. Two samples of 50 grams each were drawn and sealed separately. The remaining contraband weighing approximately 1.900 kilograms was sealed and marked as Exhibit “A”, and the samples were marked as A-1 and A-2.

4. The motorcycle was seized and the appellant was arrested. The samples were sent to the forensic laboratory for chemical examination. The forensic report confirmed that the seized substance was ganja. After completion of investigation, charge-sheet was filed before the learned Special Court. Charges under Section 20(b)(ii)(B) of the NDPS Act were framed on 08.03.2017. During trial, the prosecution examined fifteen witnesses and exhibited documentary evidence. Upon appreciation of evidence, the learned trial Court convicted and sentenced the appellant as stated above.

5. Learned counsel for the appellant submits that the impugned judgment of conviction and sentence is unsustainable in law and facts. It is contended that the learned trial Court has failed to properly appreciate the evidence on record and has convicted the appellant on the basis of unreliable, contradictory and legally deficient evidence, in violation of the mandatory provisions of the NDPS Act.

6. It has been argued that the entire prosecution case is founded on alleged secret information said to have been received by P.W.