2026:CGHC:1991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 724 of 2023 Omprakash Mehra S/o Sitaram Mehra Aged About 30 Years R/o Meikala P.S.

Baporkala Dist. Kota (Rajasthan)

--- Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Kondagaon, District Kondagaon (C.G.)

--- Respondent And CRA No. 512 of 2023 Bhagirathi Gardeya S/o Kalo Gardeya Aged About 26 Years R/o Sidurpokh, P.S.

Sidurpokh, District Sambalpur, Odisha ---Appellant Versus State Of Chhattisgarh Through P.S. Kondagaon, District Kondagaon Chhattisgarh --- Respondent {Cause title taken from Case Information System}

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For Appellant : Shri Tanuj Patwardhan, Adv. in Cr.A. No. 724 of 2023 For Appellant : Shri R.K. Jain, Adv. in Cr.A. No. 512 of 2023 For Resp./ State : Ms. Mukta Tripahti, Panel Lawyer.

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(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Judgment on Board

13/01/2026

1. As both the aforementioned appeals are arising out of the same judgment dated 10^th February, 2023 passed in Special Criminal Case (NDPS Act, 1985) No. 11 of 2019, they are being heard together and decided by this common judgment.

2. These appeals are directed against the impugned judgment of conviction and order of sentence dated 10.02.2023 passed by learned Special Judge (NDPS) Act, Kondagaon in Special Criminal Case (NDPS Act, 1985) No. 11 / 2019 , whereby the learned Special Court, after holding the appellants guilty, convicted and sentenced each of them in the following manner:-

3. Case of the prosecution in brief, is that on 03.06.2019, Assistant Sub Inspector Omkar Banjare (PW-9) of Police Station Kondagaon received secret information from an informant that some persons were travelling from Junagarh, Odisha to Raipur via Jagdalpur-Kondagaon, concealing the illegal contraband substance Ganja in a white Maruti Suzuki Sx4 Car bearing registration No. UP 32 CT-4935. The said secret information was reduced in writing by him in rojnamcha sanha (Ex.P-23C). The intimation about secret information was sent to Senior Officers. After calling two independent witnesses namely Vicky Nishad and Santosh Markam, Mukhbir Suchna Panchnama (Ex.P-30) was prepared. Thereafter, fearing the possibility of absconding the suspects or mishandling of contraband substance, he alongwtih his accompanying staff and witnesses proceeded towards the place of occurrence and cordoned off at NH-30 road, Kondagaon. After reaching there, aforesaid Maruti Suzuki was stopped and the persons, who were occupants of the said vehicle, have informed their names as Bhagirathi Gardeya (appellant no. 1), who is a person sitting in the driver's seat of the aforesaid vehicle, and the person sitting next to him gave his name as Jitendra Kumar Singh and the person sitting on the pillion seat gave his name as Om Prakash Mehra (appellant no. 2). Notice under Section 50 of NDPS Act was served to the appellants/accused. Necessary Panchnamas were prepared. After preparing necessary Panchnamas, they searched the aforesaid vehicle and found 24 packets wrapped in Brown sellotape kept in the dickey and dash board of the said vehicle, which was recovered vide Ex.P-50. The said contraband substance was identified as Ganja by smelling and rubbing, to which identification Panchnama (Ex.P-51) was prepared. After weighing the 24 packets of recovered contraband substance Ganja, the total weight was found to be 32.333 kgs. Thereafter, search of appellants /accused and other occupant of car was started, in which, a mobile phone and Rs.150/- cash were found in possession of appellant – Bhagirathi Gardeya, driving licence, Aadhar card, original copy of RC and insurance of the suspect vehicle, vehicle sale deed in stamp of Rs.100/-, one Samsung mobile phone, SBI ATM card in the name of Rahul, Rs.1200/- cash and one jio mobile phone