2025:CGHC:60079 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2619 of 2025 Aman Shukla S/o Late Chandramani Prasad Shukla Aged About 32 Years R/o Village Moti Sagar Para Korba, P.S. Kotwali Korba, District Korba Chhattisgarh --- Appellant versus State Of Chhattisgarh Through The Police Station - Sakari, District - Bilaspur Chhattisgarh --- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Basant Kaiwartya, Advocate For Respondent-State : Ms. Pragya Shrivastava, Dy. G.A.

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

10.12.2025

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 05.08.2025 passed by the Special Judge (NDPS Act), Bilaspur (C.G.) in Special Sessions (NDPS) Case No. 120 of 2024, whereby he has been convicted & sentenced as under :-

Conviction Sentence In Default of Payment of Fine Under Section 20(b)(ii) RI for 05 years and fine Additional RI for (B) of the Narcotic amount of Rs.50,000/- 01 year Drugs and Psychotropic Substances Act, 1985

3. Case of the prosecution in brief is that on 21.10.2024, the Station-in-

charge Sub Inspector Hemant Aditya (P.W.11) received secret information to the effect that some persons were going from Korba to Takhatpur via Mopka Bypass through road connected with Sakari Under- Bridge Kanan Pendari Kathakoni for selling ganja. After receiving information, necessary proceedings were done and thereafter blockade was made by the police near Ghogha Nala situated in village Kathakoni and in meanwhile one Innova Car No. C.G. -10/M-4100 appeared to be coming from side of Kanan Pendari. It is further alleged that an attempt was made to intercept the Innova Car but it was the driver of the Innova Car who made an attempt to flee after getting the car turned back and the car turned upside down and two persons namely the accused no.1 Vishnu @ Bablu Chandra and the accused no.2 Sohan @ Golu Sahu came out from the car and were trying to flee but they were caught by the police team. It is further alleged that in search there were three sacks containing Ganja (first sack containing 09.730 K.G. ganja, second sack contacting 04.100 K.G. ganja and third sack contacting 02.990 K.G. Ganja, total 16.820 K.G. ganja) found inside Innova Car No. C.G. -10/M-4100 and the same was seized from joint possession of the accused no.1 Vishnu @ Bablu Chandra and the accused no.2 were going to sell the sized ganja to the accused no.3 Pradip Pandey and the accused no.4 Kanti Pandey @ Kajal. It is further alleged that the accused no.5 Aman Shukla and the accused no.6 Abhay Kumar Singh were in Swift Dezire Car No. C.G.- 12/B.H. -1643 and they were ahead of Innova Car No. C.G. -10/M-4100 for patrolling purpose.

4. After completion of investigation, charge sheet was filed against the appellants (the accused persons). Charge under Section 20(b)(ii)(B) read with section 29 of the Narcotic Drugs and Psychotropic Substance Act 1985 was framed against the appellants (the accused). The appellants have denied the charge, pleaded innocence and claimed for trial.

5. On 05.08.2025, the learned Special Judge (NDPS Act) Bilaspur, District-

Bilaspur (C.G.) has passed the judgment dated 05.08.2025 and thereby has convicted and sentenced the appellants as aforementioned. Hence appeals.

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 seized 16.820 Kgs of Ganja was not seized from the joint possession of the present applicants