2026:CGHC:5-DB NAFR BABLU RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.01.02 16:58:19 +0530 CRMP No. 3833 of 2025 State Of Chhattisgarh Through Its Station House Officer, Police Station Tapkara, District- Jashpur (C.G.)

... Applicant versus Ravi Shankar S/o Late Bechuram, Aged About 33 Years R/o Village Gopipur, Gyanpur, District- Bhadohi (U.P.)

... Respondent For Applicant : Mr.S.S.Baghel, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

Per Ramesh Sinha, C.J .

2.1.2026

1. I.A. No. 01 of 2025 is an application for condonation of delay of 37 days in filing the appeal. The cause shown is found to be sufficient. The application stands allowed.

2. The State has sought leave to appeal against the impugned judgment of acquittal dated 29.07.2025 passed in Special NDPS ST No.26/2022 by the Court of learned Special Judge (NDPS Act), Jashpur, District – Jashpur, whereby the learned Special Judge has acquitted the respondent from offence punishable under Section 20(b)(ii)(C) of the NDPS Act.

3. Case of the prosecution, in brief, is that on On 03.05.2022, Sub- Inspector L.R. Chauhan of Police Station Tapkara received secret information that a white Ertiga car bearing Uttar Pradesh registration was parked near the yard behind the house of Bhaskar Bariha, ahead of the Lavakera Police Check Post, carrying a large quantity of ganja and waiting to cross the check post. After recording the information and complying with Section 42(2) of the NDPS Act, the officer summoned witnesses, prepared an Informant Information Panchnama, and conducted a raid. During the operation, accused Ravi Shankar was found sitting inside the Ertiga car (UP-66/AB-2876). Upon lawful search, 15 packets of ganja were recovered from the middle and rear seats of the vehicle. On weighing, the total quantity was found to be 113.300 kg, out of which the net ganja weight was 111.200 kg. Two samples of 100 grams each were sealed and sent to RFSL Ambikapur for chemical examination. The accused failed to produce any valid authorization for possession or transportation of the contraband.

4. The ganja, vehicle, documents, cash, mobile phone, and other articles were seized, and an FIR was registered under Section 20(b)(ii) (C) of the NDPS Act. During trial, the prosecution examined 10 witnesses, including independent witnesses, police officials, the weigher, the vehicle owner, and the investigating officer, to establish recovery, seizure, compliance with statutory provisions, and the chain of custody. However, due to hostile independent witnesses, discrepancies in panchnamas, and procedural lapses, the learned trial Court disbelieved the prosecution evidence and acquitted the accused.

Hence, this grant of leave to appeal.

5. Learned counsel for the applicant submits that the learned trial Court has gravely erred in acquitting the respondent, as the impugned judgment suffers from serious infirmities in both appreciation of evidence and application of law. It is contended that the trial Court failed to properly evaluate the statements of prosecution witnesses, which clearly established the involvement of the respondent in the commission of the offence beyond reasonable doubt. The rejection of reliable witness testimony on untenable grounds is legally unsustainable. Learned counsel further submits that the trial Court misinterpreted the chemical examination and FSL reports. The record clearly shows that the seized articles were duly sent for forensic examination and the FSL report confirmed the presence of narcotic substances. Discarding this crucial evidence has resulted in a miscarriage of justice.

6. It is argued that the trial Court failed to appreciate that a huge commercial quantity of ganja 15 packets weighing either 5 kg or 10 kg each, with a total weight of 113 kg 300 grams was recovered from the vehicle of the accused. The substance was identified