2026:CGHC:3943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 439 of 2017

1 - Jamil Khan S/o Shakil Khan, Aged About 50 Years R/o Sunder Nagar, Gondia, Police Station City Kotwali, Gondia, District Gondia Maharashtra., Maharashtra ...Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Bhimkhoj, District Mahasamund, Chhattisgarh., Chhattisgarh ... Respondent(s)

For Appellant (s) : Ms. Poornima Singh, Advocate For Respondent/State : Shri Vivek Mishra, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

22/01/2026 This appeal under Section 374 of the Code of Criminal Procedure has been filed being aggrieved by the impugned judgment of conviction and order of sentence dated 06.03.2017 passed by the Special Judge (NDPS Act), Mahasamund in Special Criminal Case No.15/2016 whereby and whereunder the appellants have been held guilty for commission of the offence under Section 20(b)(ii)(B) of the NDPS Act and sentenced each of them to undergo RI for three years with fine of Rs. 10,000/-, in default of payment of fine to further undergo RI for six months on each count.

2. When the matter was called out today, none appeared on behalf of the appellant. In the circumstances, this Court deems it appropriate to proceed with the hearing of the appeal by appointing a counsel through the High Court Legal Services Committee.

3. Accordingly, Ms. Poornima Singh, Advocate, empanelled Legal Aid Counsel, is appointed to represent the appellant and to argue the appeal on his behalf. The Secretary, High Court Legal Services Committee, is directed to issue the requisite authorization letter in her favour.

4. This Court has perused the judgment under appeal, the depositions of the prosecution witnesses and the documentary evidence on record, with the assistance of the learned Legal Aid Counsel and the learned State Counsel. In view of the law laid down by the Supreme Court in Surya Baksh Singh v. State of Uttar Pradesh, (2014) 14 SCC 222, this Court does not find it necessary to adjourn the matter or to issue fresh notice to the appellant, as his interests have been adequately safeguarded by the appointment of a Legal Aid Counsel.

5. The prosecution case, as unfolded during trial, is that on 28.03.2016, the complainant and Investigating Officer, namely Champa Lal Jureshiya, Assistant Sub-Inspector, posted at Police Station Bhimkhoj, District Mahasamund, received a secret information from informer that one person was carrying ganja in a black coloured bag and was proceeding towards Mahasamund for the purpose of sale. Upon receiving the said information, the Investigating Officer reduced the information into writing in the Rojnamcha Sanha and informed the superior officers. Thereafter, independent witnesses were called and informed about the proposed action. Considering the urgency of the situation and the likelihood of the suspect escaping, the police party decided to proceed immediately without obtaining a search warrant.

6. The Investigating Officer, along with other police personnels and independent witnesses, proceeded towards M.K. Bahara Chowk, Bhimkhoj, where after some time, they noticed a person coming from the direction of Bhimkhoj carrying a black coloured bag. The said person was stopped and on inquiry disclosed his identity as the present appellant. The appellant was informed about the information received against him and was apprised of his search. A notice was issued to him, informing that he had the right to be searched before a Gazetted Officer or Magistrate. The appellant expressed his willingness to be searched by the police officers present at the spot and gave his consent in writing. 7. Thereafter, in presence of witnesses, the search of the appellant and the bag carried by him was conducted. On opening the bag, a greenish-brown leafy substance resembling ganja was found. On preliminary examination by sight, smell and touch, the substance was identified as ganja.

8. The recovered contraband