2025:CGHC:56743-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 358 of 2010 The State of Chhattisgarh Through District Magistrate, Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Appellant(s)

versus

1. Khushi Lal S/o Tulsi Das Patel Aged About 41 Years R/o Sakil Dubganwa, P. S. Mahuganj, District Rewa M. P., District : Rewa, Madhya Pradesh

2. Mahendra Kumar S/o Bashishthdhar Patel Aged About 22 Years R/o Kharkhati, P. S. Mahuganj, District Rewa M. P., District :

Rewa, Madhya Pradesh ...Respondent(s)

(Cause-title taken from Case Information System)

For State/Appellant : Mr. S.S. Baghel, Deputy Government Advocate.

For Respondents : Mr. Vikash A. Shrivastava, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

21.11 .2025

1. Heard Mr. S.S. Baghel, learned Deputy Government Advocate for Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: the State/appellant. Also heard Mr. Vikash A. Shrivastava, learned

2025.11.24 +0530 counsel, appearing for the respondents.

2. Learned counsel for the respondents submits that, in compliance with the order dated 18.11.2025, the respondents/accused appeared before the learned Special Judge, NDPS Act, and furnished their bail bonds on 20.11.2025. In this regard, learned counsel for the respondents has filed an affidavit, which is taken on record. Accordingly, the Court proceeds to hear the matter finally.

3. By this acquittal appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter called as “CrPC”), the appellant/State calls in question legality and propriety of the judgment of acquittal dated 10.09.2008 passed by learned Special Judge (Court constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985) in NDPS Case No. 31 of 2007, whereby the respondents have been acquitted from the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

4. The case of the prosecution, in brief, is that on 25.03.2007, the Investigating Officer, Chandar Lal Dhruv (PW-5), received secret information regarding illegal possession of contraband cannabis (Ganja) by the respondents at the bus stand at Keshkal. Upon receiving the secret information, the Investigating Officer reduced the same into writing (Ex. P/13) and made an entry in the daily diary (Rojnamcha Sanha No. 1034). Acting in accordance with the provisions of the NDPS Act, the Investigating Officer recorded his grounds of belief that obtaining a search warrant immediately would not be feasible (Ex. P/3), as doing so would afford an opportunity to the accused persons to conceal or dispose of the contraband. He forwarded the information to his superior officer through a Constable. Thereafter, in order to apprehend the accused persons named in the secret information, the Investigating Officer proceeded to the bus stand at Keshkal and found the respondents sitting with four bags. The respondents were served with notices (Ex. P/4) seeking their consent for search, and upon obtaining such consent, the Investigating Officer searched the bags (Ex. P/5), recovered contraband (Ganja), and seized the bags (Ex. P/14). Upon weighment, the total quantity of the contraband was found to be

59 kg (Ex. P/1). Samples were drawn from the recovered contraband.

5. After completion of the investigation, a charge-sheet was filed before the learned trial Court, and the respondents were charged with the offence punishable under Section 20(b)(ii)(C) of the NDPS Act.

6. To bring home the charge, the prosecution examined five witnesses and exhibited 30 documents, marked as Exs. P/1 to P/30.

7. The statements of the accused/respondents were recorded under Section 313 of the CrPC, wherein they denied all incriminating circumstances appearing against them in the prosecution evidence. They asserted that they had been falsely implicated in the case and claimed complete innocence.

8.