NAFR Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.01.08

10:33:08 +0530 CRA No. 1398 of 2025

1 - Panchram Chauhan S/o Manharan Chauhan, Aged About 34 Years R/o Village Sasha P.S. Pamgarh District Janjgir Champa, Chhattisgarh.

2 - Laxman Paikra S/o Shri Ganesh Ram Paikra, Aged About 35 Years R/o Village Jogidipa P.S. Kasdol District Baloda Bazar-Bhatapara, Chhattisgarh.

... Appellants versus

1 - State of Chhattisgarh Through SHO Kasdol District Baloda Bazar-

Bhatapara, Chhattisgarh.

... Respondent(s)

For Appellant : Shri Dheerendra Pandey, Advocate.

For State : Shri Aman Tamboli, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

06.01.2026

1. Though the matter was listed for consideration on application for suspension of sentence and grant of bail, however, with the consent of the parties, the matter is heard finally.

2. The present appeal has been filed against the impugned judgment of conviction and order of sentence dated 04.07.2025 passed by the Special Judge (Narcotics Drugs And Psychotropic Substances Act, 1985) (in short, NDPS Act) Baloda Bazar, in Special Criminal (NDPS Act) Case No.19/2024, whereby the appellants have been convicted for the offence under Section 20(b)(ii)(B) of the NDPS Act and sentenced to undergo RI for 2 years with fine of Rs.1000/-, in default of payment of fine amount, additional RI for three months to each of the appellants.

3. Brief facts of the case are that, on 28.09.2024 the police of Police Station Kasdol, received a secret information that two persons, coming from Pithora side by motorcycle bearing registration No.CG-22-K-2614 are having Ganja in their possession. They called independent witnesses. The witnesses were informed about secret information. The secret information was recorded in Rojnamcha Sanha and Secret Information Panchnama Ex.P/32 was recorded. Necessity to search without warrant was prepared and intimation about secret information was sent to SDO(P) Kasdol. The police party proceeded towards the place of incident where they found the appellants coming from Pithora Side in the motorcycle described as above. The police party intercepted them. One of the accused jumped from the motorcycle after seeing the police party and fled away. The person who was driving the motorcycle disclosed his name as Panchram Chauhan and other who absconded was Laxman Paikra. Notice under Section 50 of NDPS Act was served upon appellant Panchram and he was informed about his right to be searched either by police party, Gazetted Officer or any Magistrate. He gave his consent to be search by the police party. The Police party also gave their own search to the accused, on which nothing incriminating articles were found. On being searched, a backpack was found from the appellant Panchram in which five packets of Ganja was seized and recovery Panchnama, Ex.P/7 was prepared. It was physically verified by its smell, taste and rubbing and identification Panchnama was also prepared. Notice under Section 67 of the NDPS Act/179 of the BNSS was also served upon the appellant- Panchram, however, he failed to produce any document with respect to possession of said Ganja. Weighment witness was also called along with weighment apparatus and after physical verification Panchnama of weighing machine, the seized Ganja was weight and it was found 5.176 KG. The seized Ganja was sealed on the spot and specimen seal Panchnama was prepared. The appellant Panchram was arrested on 28.09.2024. Dehati Nalisi, Ex.P/25 was also recorded on the spot. The appellant, his vehicle and seized Ganja were taken to police station where FIR was registered against the appellants and seized Ganja was kept in safe custody of Malkhana and acknowledgment was obtained. The details were informed to senior police officer. The inventory was prepared under Section 52-A of the NDPS Act by the Judicial Magistrate First Class, Baloda Bazar and seized Ganja was physically verified an