2025:CGHC:59996 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1643 of 2025

1 - Pradeep Pandey S/o Shatruhan Pandey, Aged About 46 Years R/o Village- Kumhrauli, Police Station- Jarhagaon, District Mungeli, Present Residence- Nigarband Road Takhatpur, Naya Colony Takhatpur, District Bilaspur (C.G.) 2 - Kanti Pandey @ Kajal, W/o Pradeep Pandey, Aged About 36 Years R/o Village- Kumhrauli, Police Station- Jarhagaon, District Mungeli, Present Residence- Nigarband Road Takhatpur, Naya Colony Takhatpur, District Bilaspur (C.G.)

--- Appellants versus State Of Chhattisgarh Through The Police Station Sakari, District Bilaspur (C.G.)

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

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

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WITH CRA No. 1708 of 2025 Abhay Kumar Singh S/o Shri Ramji Singh Aged About 46 Years R/o Village Sherpur, Police Station - Akodhi Gola, District - Rohtas (Bihar), Present Address - C.S.B. Colony, Korba, District - Korba Chhattisgarh --- Appellant Versus State Of Chhattisgarh Through The Station House Officer, Police Station -

Sakri, District - Bilaspur Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------

For Appellant : Mr. Rishi Rahul Soni, Advocate For Respondent-State : Ms. Pragya Shrivastava, Dy. G.A.

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WITH CRA No. 1820 of 2025 Sohan @ Golu Sahu S/o Shri Bedram Sahu Aged About 22 Years R/o Village -

Pendri, Police Station - Nawagarh, District - Janjgir-Champa Chhattisgarh --- Appellant Versus State Of Chhattisgarh Through Station House Officer Police Station Sakari, District - Bilaspur Chhattisgarh --- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Virendra Verma, Advocate appears on behalf of Mr. Ashutosh Trivedi, 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. All these appeals are being heard together as the common thread passes through the issue.

3. These criminal appeals filed by the appellants-accused under Section 415 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (henceforth “BNSS”) are 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 they have been convicted & sentenced as under :-

4. 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,