2025:CGHC:59583 Digitally signed by AVANISH KUMAR PATHAK Date: NAFR

2025.12.11

12:50:14 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 765 of 2022

1 - Onkar Singh S/o Phul Singh Thakur Aged About 47 Years R/o Shivnagar, Nishanpura, Colony, P.S. Chhola Temple, District Bhopal (M.P.)

2 - Gyarasa Lal S/o Mitthulal Aged About 58 Years Caste Kujbandiya, R/o Chhola Temple, District Bhopal (M.P.)

3 - Rekhasingh W/o Malkhan Singh Aged About 33 Years Caste Ravat, R/o Bamhori Colony, P.S. Bahadur, District Ashoknagar (M.P.)

... Appellants versus State Of Chhattisgarh Through- P.S. Nagarnar, District Bastar (C.G.)

... Respondent For appellants : Mr. Sunil Verma, Adv. with Ms. Lata Nayak, Adv.

For Respondent : Mr. Sanjeev Pandey, Dy.A.G. with Ms. Anuradha Jain, Adv.

(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Judgment on Board

8-12-2025

1. The present appeal has been preferred by the appellants/accused under Section 374 (2) of the Criminal Procedure Code, 1973 against the impugned judgment of conviction and order of sentence dated 1-4-2022 passed by learned Special Judge (NDPS) Act, Jagdalpur, District Bastar in Special Criminal Case (NDPS Act) No. 50/2017, whereby each of the appellants has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth, 'NDPS Act') and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.1,00,000/- each, in default of payment of fine, to further undergo additional rigorous imprisonment for one year.

2. Case of the prosecution, in brief, is that on 07/10/2017 at 12:30 pm, Assistant Sub Inspector Vinod Singh Thakur of Nagarnar Police Station received information from an informant that a white colour Tavera vehicle bearing registration number MP 04 TA 1994 (henceforth referred to as ‘Tavera vehicle’) was going from Jaipur, Orisa towards Jagdalpur, in which two men and one woman were traveling, carrying contraband substance Ganja. This information was recorded in the Rajnamcha Sanha and Mukhbir Suchna panchnama (Ex. P-3) was prepared. The senior officers were informed through mobile phone. Necessary panchnamas were prepared and the information was sent to the office of City Superintendent of Police, Jagdalpur, witnesses were called, to which, witnesses Lakhiram Yal (P.W. 1) and Duryo Narayan Sethiya (P.W. 2) came. After completing necessary formalities, the police party along with independent witnesses proceeded to N.H. 63 Road, PS Nagarnar. A checkpoint was established at the place of incident. When the white coloured Tavera vehicle bearing registration number MP 04 TA 1994 came, it was intercepted. Notices under Section 50 of the NDPS Act were given to the three persons traveling in it. On search, contraband substance total 45 kgs was found in their possession which was kept inside a plastic sack wrapped in a polythene in the trunk of the said vehicle. Same was recovered vide recovery panchnama Ex. P-6. The contraband substance was identified as ‘Ganja’ by burning and Madak Drivya Pahchan Panchnama was prepared. On weighing, it was found to be 45 kg and Taul panchnama was prepared. Said contraband substance Ganja was homogenized and sealed vide Samras Panchnama Ex. P-10. The Tavera vehicle and the contraband substance was seized vide seizure memo Ex. P-11. The accused were arrested. The contraband substance Ganja and sample seal was deposited in Malkhana Muharrir of concerned police station. Inventory and samples were got prepared by the JMFC, Jagdalpur.

3. During investigation, FSL examination of seized contraband Ganja was conducted, which was reported to be positive vide Ex. P-28. Spot map was prepared. Statements of necessary witnesses were recorded and on returning the raid party to the police station, an FIR (Ex. P-24) was registered against the appellants/accused.

4. After completion of usual investigation, a charge-sheet against the accused persons was filed before the learned Special Court for the offence under Section 20(b)(ii)(C