2026:CGHC:9044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 357 of 2026

1 - Mitesh Kumar Loniya S/o Raman Loniya Aged About 30 Years R/o Ward No. 20, Naya Kashi Nagar, Chowki Rampur Police Station -

Kotwali, District - Korba Chhattisgarh ... Petitioner(s)

versus Digitally 1 - State Of Chhattisgarh Through S.H.O. Dipka Korba District Korba ABHIGYAsigned by SAXENA ABHIGYA SAXENA Chhattisgarh ... Respondent(s)

For Petitioner(s) :Mr. Dheerendra Pandey, Advocate For State :Mr. Amit Verma, Panel Lawyer Hon'ble Shr i Justice Sanjay Kumar Jaiswal Judgment on Board

20.02.2026

1. This appeal has been preferred by the appellant under Section 415 (2) of BNSS, 2023 challenging the impugned judgment of conviction and order of sentence dated 28.01.2026 passed by learned Special Judge (NDPS Act), District Korba (C.G.) in Special (NDPS) Case No.04/2023, whereby the appellant has been convicted for offence under Section 20(b)(ii)(B) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 02 years with fine of Rs.10,000/-, in default of payment of fine, to undergo additional R.I. for 01 month.

2. The prosecution case, in brief, is that on 04.01.2023, a source information was received to the effect that one person was searching for customers to sell ganja kept in a black bag while riding a motorcycle bearing registration No. CG-12-BH-8667 near the Shantinagar Railway Crossing. Acting upon the said information, a case was registered and a special police team was constituted, which was duly briefed, and notices under Section 160 CrPC were issued to the members of the team after obtaining their consent to participate in the operation. As a search warrant could not be obtained immediately, the source information was reduced into writing and forwarded in a sealed envelope to the office of the City Superintendent of Police, and owing to the delay in the arrival of the senior officer at the advance post, the suspect was shifted to another location. During routine patrolling duty in police vehicle No. CG-12-AX-6586, the police party spotted the suspect near the aforesaid railway crossing, cordoned the area, and apprehended him, who disclosed his identity as Mitesh Kumar Loniya. The accused/appellant was informed of the grounds of search and served with a notice under Section 50 of the NDPS Act, apprising him of his legal rights, and upon his consent, a search was conducted at the spot. The personal search of the accused yielded nothing incriminating; however, on searching the black bag carried by him, a white plastic bag, a green plastic bag, and a substance wrapped in brown tape, suspected to be ganja, were recovered, seized, and documented through a seizure memo in the presence of witnesses. An identification memo was prepared at the spot, and the accused was served with a notice under Section 91 CrPC regarding possession of the contraband. Thereafter, a weigher, namely Vijay @ Shani from Tilkorta village, along with a weighing machine, was called to the spot, its condition was verified, and necessary panchnamas were prepared, whereupon the recovered contraband was weighed and found to be 2 kg 400 grams. Upon completion of investigation and other formalities, the police of Police Station Dipka, District Korba filed the charge-sheet before the learned Special Judge (NDPS Act), Korba.

3. During trial, the prosecution examined 09 witnesses and exhibited

55 documents in support of its case, whereas the present appellant, when examined under Section 313 of the Code of Criminal Procedure, denied the allegations, pleaded innocence, and did not adduce any evidence in defence. Upon conclusion of trial, the learned Special Judge (NDPS Act), vide judgment and order dated 28.01.2026 convicted the present appellant and sentenced him.

4. Learned counsel for the appellant submits that the appellant does not wish to press the present appeal on merits and confines his arguments only to the question of sentence. He further submits that the fine amount im