2026:CGHC:1022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1059 of 2024

1 - State Of Chhattisgarh Through Its Station House Officer, Police Station-Civil Line, District-Raipur (C.G.)

... Appellant versus

1 - Satnam Singh S/o Nazir Singh, Aged About 30 Years R/o Beside District Hospital Pandri, District-Raipur (C.G.)

2 - Sanjay S/o Dara Singh Benwa, Aged About 30 Years R/o Shreenagar Udiya Basti, Khamtarai, District-Raipur (C.G.)

3 - Suraj S/o Bhola Mahanand, Aged About 20 Years R/o Shreenagar Udiya Basti, Khamtarai, District-Raipur (C.G.)

... Respondents For Appellant-State : Mr. Rishiraj Pithwa, Dy. G.A.

For Respondents : Mr. Palash Agrawal, Advocate.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

(07.01.2026)

1 This appeal is preferred under Section 378(1) of the Code of Criminal Procedure, 1973, against the judgment dated 27.06.2023 passed in NDPS Special Criminal Case No. 13/2019 by learned Special Judge (NDPS Act), Raipur, District - Raipur (C.G.), whereby the respondents have been acquitted for the offence punishable under Section 22(B) of Digitally signed by HEERAHEERA LAL LAL SAHU SAHU D 20 a 2 te 6 : .01.09

+0530

NDPS Act, in connection with Crime No. 115/2019 registered at Police Station – Civil Line, Raipur, District –

Raipur (C.G.).

2 The prosecution's case, in brief, is that on 02.03.2019, information was received from the informant to Sub Inspector, M.D. Anant (PW-5) to the effect that the respondents/accused are having some prohibited narcotic medicines. The said information was entered in Roznamcha Sanha No. 46 vide Ex. P-5. After due procedure, the investigating officer, M.D. Anant (PW-5) went towards the said spot. After serving notice to the accused persons, search was conducted in which, from the possession of accused Satnam Singh, 160 capsules of Alprazolam and 240 capsules of Spascore-Von Plus were recovered, and from the possession of accused Suraj, 110 capsules of Alprazolam and 72 capsules of Spascore-Von Plus were recovered, and from the possession of accused Sanjay, 160 capsules of Alprazolam and 240 capsules of Spascore-Von Plus were recovered vide Ex.P-20, Ex.P-21 and Ex. P-22. Subsequently, the recovered prohibited narcotic tablets were identified in the presence of witnesses, regarding which identification Panchnama was prepared vide Ex. P- 23. The samples of recovered narcotics were sent for chemical examination to FSL. In the FSL report (Ex.P-43), the samples were found to be prohibited narcotics. After due procedure, charge sheet was filed.

3 To bring home the offence, the prosecution has examined as many as 6 witnesses and exhibited 45 documents in support of its case. The statements of the accused persons have been recorded under Section 313 of Cr.P.C., in which the accused denied the evidence against them, claiming that they have been falsely implicated and that they are innocent. However, the accused persons have not adduced any evidence in their defence. After hearing both parties, the trial Court passed the aforesaid impugned judgment, which has been challenged in this appeal.

4 Learned counsel for the appellant/State submits that the prosecution has proved the case beyond reasonable doubt against the accused persons for the offence punishable under the aforesaid section. He further submits that the learned trial Court failed to appreciate that all the mandatory provisions as provided under the Cr.P.C. and NDPS Act have been complied with by the investigating officer. Therefore, the order of acquittal under question is liable to be set aside; the appeal may be allowed; and the accused may be convicted and sentenced in accordance with the law.

5 On the other hand, learned counsel for the respondents supported the impugned judgment and submits that the impugned judgment is well merited, which does not call for any interference.

6 Heard learned counsel for the parties and went through the entire record with utmost circumspection.

7 In the matter of Mallappa and other vs. State of Karnataka