2026:CGHC:8177 Digitally signed SAGRIKA by SAGRIKA AGRAWAL A D G at R e A : W 20 A 2 L 6.0 2.19 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 430 of 2024

1 - State Of Chhattisgarh Through Police Station Ambikapur, District Surguja (C.G.)

... Appellant (s)

versus

1 - Pawan Kumar Tigga @ Mannu S/o Prithvi Sen Tigga Aged About 32 Years Resident Of Near Namanakala Temple, New Bus Stand, Police Station Ambikapur, District Surguja (C.G.)

... Respondent(s)

For Appellant (s) : Mr. Vinod Tekam, Govt. Advocate For Respondent(s) : Mr. Neeraj Baghel, Advocate S.B. Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

13.02.2026

1. The present acquittal appeal against the impugned judgment dated

23.11.2019 passed by learned Special Judge (NDPS Act), Surguja, Place- Ambikapur in Special Criminal Case No. 02/2019 whereby the respondent/ accused has been acquitted from the offence of Section 21-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (In short “NDPS Act”).

2. The case of the prosecution is that on 29.11.2018, the Sub-Inspector of Police Suresh Chandra Minj received a secrete information that a person is searching the prospective purchaser of illegal contraband and standing near Udasin Ashram. The secret information was reduced in writing in rojnamcha and the Police called the independent witnesses Saif Khan and Mustafin Khan through the constable Ravendra Singh. When the independent witnesses came to the Police constable, they were informed about the secret information and the panchanama (Ex- P/3) was prepared. The copy of secret information panchanama was forwarded to the CSP, Ambikapur and another panchanama with respect to the necessity to search without warrant have also been prepared. The Police party along with the necessary kit for search and seizure proceeding, proceeded towards the place of incident, where they found the accused who disclosed his name as Pawan Kumar Tigga @ Mannu. A notice under Section 50 of NDPS Act (Ex-P/7) was served upon him and obtained his consent that he is ready to be search by the Police person. The Police party has also gave their own search to the accused but nothing incriminating articles were found. The necessary panchanamas (Ex-P/9, 10, 11 and 12) were prepared. On being search of the accused, a brown color polythene packet was found in the right side of pocket in his jeans and Talashi panchanama (Ex-P/13) was prepared. The powder like contents of the brown color packet were recovered and Panchanama (Ex-P/14) was prepared and on being physically verified by its smelling, coloring, burning, it was found to be brown sugar and identification panchanama (Ex-P/15) was prepared. Homogenization panchanama (Ex-P/16) was also prepared. The weighment witness Sudeep Soni was called and after its weighment, the seized contraband were found to be of 16.61 gram including its weight of polythene and net weight of contraband brown sugar was found to be of 15.81 gram and weightment panchanama (Ex-P/20) was prepared. The seized contraband was again rapped in white color paper and sealed and speciman seal panchanama (Ex-P/21) was prepared. The brown sugar was seized in presence of the witnesses and seizure memo (Ex-P/22) was prepared. The accused was arrested. Spot map Ex-P/25 was prepared and accused, seized contraband and other articles were taken to police station, where FIR has been registered. The seized contraband were kept in safe custody of Malkhana and it was sent for its chemical examination to Regional FSL, Ambikapur, Dist- Surguja. From were report (Ex-P/63) was received and it was found to be contents of di-acetyle morphine which was only known as brown sugar. After completion of usual investigation, charge-sheet was filed against the respondent- accused before the learned trial Court for the offence under Section 21-B of NDPS act.

2. The learned trial court has framed the charge under Sections 21-B of NDPS act against the respondent/ accused. The appellant denied the charge and claim