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15.09.2025 04.12.2025 -- .12.2025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on: 15.09.2025 Judgment delivered on: 04.12.2025 CRA No. 102 of 2019

1 - Dharmendra Vishwakarma, S/o Vijay Kumar, Aged About 24 Years, R/o Banti Nagar, P. S. Vidisha, District Vidisha M. P.

2 - Bhagwan Singh Sahu, S/o Khilawan Singh, Aged About 30 Years, R/o Village Karaiyakheda, P.S. and District Vidisha M. P.

--- Appellants versus

1 - State of Chhattisgarh Through: Police Station Kanker, District North Bastar Kanker Chhattisgarh.

--- Respondent(s)

With CRA No. 134 of 2019

1 - Jai Singh Suryavanshi, S/o Devja Suryavanshi, Aged About 29 Years, R/o Village Rosalla Thana Dehat, District Vidhisha Madhya Pradesh.

---Appellant Versus

1 - The State of Chhattisgarh Through Police Station Kanker, District Uttar Bastar Kanker Chhattisgarh.

--- Respondent(s)

Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad

CAV Judgment

Per Rajani Dubey, Judge

1. Both appeals arise out of the same impugned judgment hence, they are heard conjointly and are adjudicated through this common judgment.

2. These appeals under Section 374(2) of Cr.P.C. have been filed by the appellants against the judgment of conviction and order of sentence dated 09.01.2019 passed by learned Special Judge (NDPS Act) North Bastar, Kanker (C.G.) in Special (NDPS Act) Case No.51/2017 whereby, the trial Court convicted the appellants and sentenced them as under:-

3. According to the prosecution, on the night of 19.08.2017, a police team led by Sub-Inspector Sandeep Kumar of Police Station Kanker was conducting vehicle checking at a check post near the Doodh River bridge. At around midnight, a Bolero vehicle bearing registration No. MP-40 T-0501, coming from Keshkal, was stopped. On inspection, the police detected the smell of ganja emanating from the vehicle. The four occupants—Jaisingh Suryavanshi, Ankesh Ahirwar, Dharmendra Vishwakarma and Bhagwan Singh Sahu failed to give a satisfactory explanation regarding their travel. The SDOP, Kanker was informed and instructed further action.

After serving notices to the accused and obtaining their consent for personal search, the police, in the presence of independent witnesses Ritesh Mishra and Ashok Ramani, searched the vehicle. From a concealed cavity created by welding an iron plate on the roof, the police recovered 45 brown- coloured packets containing a substance which, upon smelling and burning, was identified as ganja. After obtaining an electronic weighing scale, the contraband was weighed and found to be 73 kg, packed in four sacks. The accused could not produce any valid documents when notice under Section 91 Cr.P.C. was issued. Four samples of 50 grams each, marked A-1 to A-4, were drawn, sealed, and a sample-seal panchnama was prepared. Various documents, including photocopies of driving licences, Aadhaar cards, voter IDs, SIM cards, RC book, and ₹1,110 cash, were seized from the vehicle.

The contraband, sample packets and the vehicle were seized vide Ex. P/25, and the accused were arrested. An FIR bearing Crime No. 267/2017 was registered for the offence under Section 20(b) of the NDPS Act. The seized samples were sent to the FSL, Raipur, where they tested positive for ganja vide FSL Report Ex. P/42. Upon completion of investigation, a charge sheet was filed on 16.11.2017 for the offence under Section 20(b) of the NDPS Act, 1985 against the accused persons. The learned trial Court framed charges under Section 20 (b) (ii) (C) of the NDPS Act, to which appellants abjured their guilt and prayed for trial.

4. In order to prove the charges against the accused/appellants, the prosecution examined 10 witnesses. The statements of the accused/appellants were recorded under Section 313 Cr.P.C., wherein they denied all incriminating circumstances put to them and c