2025:CGHC:61215 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1599 of 2025 Yashin Ali S/o Sharafat Ali, Aged About 34 Years R/o Block No. 1, Room No.

09, Irani Dera, B.S.U.P. Colony, P.S. Pandri, Raipur, District Raipur (C.G.)

... Appellant versus State Of Chhattisgarh Through P.S. Pandri, Raipur, District Raipur (C.G.)

--- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Ajay Kumrani, Advocate For Respondent-State : Ms. Sunita Manikpuri, Dy. G.A.

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Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board

16.12.2025

1. With the consent of learned counsel for the parties, the matter is heard finally.

2. This criminal appeal filed by the appellant-accused under Section 415 (2)

of the Bhartiya Nagrik Suraksha Sanhita, 2023 (henceforth “BNSS”) is directed against the impugned judgment of conviction and order of sentence dated 06.06.2025 passed by the Special Judge (NDPS Act), Raipur, District Raipur (C.G.) in Special Case No. 30 of 2021, whereby the appellant has been convicted & sentenced as under :-

Conviction Sentence In Default of Payment of Fine Under Section 21(B) of RI for 10 years and fine Additional RI for the Narcotic Drugs and amount of Rs.1,00,000/- 02 years Psychotropic Substances Act, 1985 Under Section 20(b)(ii) RI for 10 years and fine Additional RI for (B) of the Narcotic amount of Rs.1,00,000/- 02 years Drugs and Psychotropic Substances Act, 1985 Both sentences to run concurrently

3. Case of the prosecution in brief is that on 04.01.2021, Assistant Sub-

Inspector J.S. Maravi of Police Station Pandri, Raipur, received credible information from an informer that a person carrying ganja was standing near Vigyan Bhawan Gate, DaldalSeoni. The information recorded, and independent witnesses Javed Raza and Vikash Mika were summoned. After complying with procedural formalities, the information was conveyed to the CSP, who authorized ASI Maravi to act upon it. Police team along with independent witnesses proceeded to the spot and found a person matching the description, who attempted to flee but was apprehended. He disclosed his name as Yashin Ali. After informing him of his legal rights, a search was conducted in the presence of witnesses. From his possession, 335 grams of charas (net weight) and 5 kilograms of ganja were recovered. Samples were drawn and marked appropriately. Panchnamas for physical verification, weighing, sealing, and sample preparation were made on the spot. Thereafter the crime No. 02/2021 was registered at the Police Station, Pandri, Raipur and after investigation charge sheet has been filed before the learned court below and the learned court below has taken cognizance.

4. In support of its case, prosecution has examined as many as 11 witnesses and statement of accused/appellant was also recorded under Section 313 of the CrPC in which the appellant denied the charge leveled against him and pleaded his innocence and false implication in the case.

5. The learned trial Court on perusal of material evidence on record, committed the appellant for the offences under Sections 21(b) and 20(b(ii)(B) of N.D.P.S. Act sentence him as mentioned above, hence this appeal.

6. Learned counsel appearing for the appellant contended that the learned trial Court has wrongly been convicted the appellant without any sufficient and clinching evidence available on record against the appellant. He further contended that the judgment passed by the Learned Trial Court is bad in law, contrary to the facts and evidence on record, and suffers from incorrect appreciation of evidence, thereby rendering it unsustainable in the eyes of law. The impugned judgment of conviction and sentence is perverse and against the settled principles of criminal jurisprudence, as it is not based on any cogent or reliable evidence and is liable to be set aside. The mandatory provisions of the