2026:CGHC:1080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 709 of 2025 Dilip Kumar Khunte S/o Sadaram Khunte Aged About 45 Years Occupation Nil, R/o Chhote Urla, P.S. Abhanpur, District Raipur Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Abhanpur, Raipur (C.G.)

... Respondent (Cause title taken from Case Information System)

For Appellant : Mr. Brijesh Kumar Singh, Advocate For Respondent/State : Mr. Karan Kumar Baharani, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Judgment on Board

07/01/2026

1. The appeal is listed for consideration on I.A. No. 1 of 2025, which is an application for suspension of sentence and grant appeal. However, with the consent of the parties, the matter has been heard finally.

2. The appellant has filed the present appeal under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, against the impugned judgment of conviction in sentence dated 09.01.2025, passed by learned Special Judge (NDPS Act), Raipur, in Special Case No. 186 of Digitally signed by VED V PR E A D KASH P D R E A W K A A N S G H AN DEWANGANDate:

2026.01.08

1 + 8 0 : 5 1 3 0 0 :23 2023, whereby the appellant has been convicted under Section 20(b)

(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) and sentenced for R.I. for 4 years with fine of Rs.

40,000/-, in default of payment of fine further R.I. for 8 months.

3. The case of the prosecution is that, on 27.08.2023, the Sub-Inspector of Police, Arvind Sahu/PW-9 received a secret information that, a person who is having black coloured bag near Urla Canal, Abhanpur, having ganja with him. The secret information was recorded in Rojnamcha and secret information panchnama was prepared. He called two independent witnesses, Anil Kumar Sahu and Bharat Dheemar, through the Constable Roman Dhruv.

4. The independent witnesses were informed about the secret information and the necessity to search without warrant panchnama and secret information panchnama were prepared. The said panchnamas were forwarded to the CSP, Nawa Raipur and the police party proceeded towards the place of incident along with the investigation kit.

5. When the police party reached on the spot, they found a person having black coloured bag with him. On being interrogated, he informed his name as Dilip Kumar Khunte. He was being informed about his right to be searched from any dedicated officer, magistrate or police authority, then he gave his consent that he is ready to be searched by the police authority. The police party have also gave their own search to the accused, but nothing incriminating were seized from them.

6. On being searched of the bag of the accused, ganja like substance were found, which were physically identified by rubbing, smelling and burning. The weighment witness Santosh Kurre was called and after verification of electronic weighing machine, the seized ganja were weighed and it was found to be of 3.750 KG.

7. A notice under Section 91 of CRPC was served upon the accused, but he could not produce any document with respect to the possession of the ganja. Dehati Nalisi was recorded on the spot and the accused was arrested. The accused and the seized articles were taken to police station, where the FIR was registered. The seized articles were kept in safe custody of Malkhana and the sample packets of ganja were sent for its chemical examination to FSL Raipur. After investigation, charge sheet was filed before the learned Trial Court.

8. The learned Trial Court has framed the charge against the appellant/accused for the offence under Section 20(b)(ii)(B) of NDPS Act. The appellant denied the charge and claimed the trial.

9. In order to establish the charge against the appellant, the prosecution has examined as many as 11 witnesses. Statement of the appellant under Section 313 of CRPC has also been recorded, in which he denied the circumstances, appeared against him, pleaded innocence and has submitted that he has been falsely