2026:CGHC:8190 NAFR INDRAJEET INDRAJEET SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU Date: 2026.02.23

17:33:33 +0530 ACQA No. 559 of 2024

1 - State of Chhattisgarh Through-Station House Officer, Police Station-

Janjgir, District - Janjgir-Champa (C.G.)

... Appellant Versus

1 - Milan Yadav S/o. Banthu Yadav Aged About 25 Years R/o. Shanti Nagar, Janjgir, P.S. Janjgir, District Janjgir-Champa (C.G.).

... Respondent For Appellant : Ms. Isha Jajodiya, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

13.02.2026

1. The present Acquittal Appeal under Section 378(3) of Cr.P.C. has been filed against the impugned judgment of acquittal dated 14.12.2017 passed by the Special Judge (Narcotics Drugs And Psychotropic Substances Act, 1985) (in short, NDPS Act) Janjgir Champa, in NDPS Case No.09/2017, whereby the respondent has been acquitted from the offence under Section 20(b)(ii)(B) of the NDPS Act.

2. Brief facts of the case are that, on 16.03.2017 the Sub Inspector Brijendra Singh, PW-7 received a secret information that accused person, coming from Nawagarh towards Janjgir by motorcycle, is having illegal possession of Ganja. The secret information was recorded in Rojnamcha Sanha vide Ex.P/28 and Secret Information Panchnama was prepared vide Ex.P/36. The information was forwarded to Additional Superintendent of Police, Janjgir and obtained acknowledgment vide Ex.P/45. Necessity to search without warrant was also prepared and he called independent witnesses and proceeded towards the place of incident. He also called the weighment witness Manoj Rathore along with weighment apparatus. When they reached on the spot, the appellant was found coming by his motorcycle bearing registration No.CG-11-BA-9370 from Nawagarh side. He disclosed his name as Milan Yadav. The police gave him notice under Section 50 of the NDPS Act vide Ex.P/9 and obtained his consent to be search by the police party vide Ex.P/10. The police also gave their own search to the accused and necessary Panchnamas were prepared vide Ex.P/11 to P/14. After preliminary Talashi, when the bag of the accused person and diggi of his motorcycle were searched, Ganja like substance were found which was wrapped in five plastic polythene. The said contraband was physically identified by smell, taste and rubbing and after its homogenization samples were drawn. Talasi and Recovery Panchnama Ex.P/16 & P/17 were prepared. Physical identification Panchnama Ex.P/19 was also prepared. The packets were opened and all the contraband were homogenized on spot and Panchnama Ex.P/18 was prepared. On being weight, it was found total 5 KG of Ganja. The weighment apparatus Panchnama and weighment Panchnama Ex.P/20&21 were prepared. Two samples of 50 gram each were separated from the homogenized quantity of Ganja and it was separately sealed. Sampling Panchnama Ex.P/22 was prepared. The Ganja, sample packets and motorcycle were seized vide Ex.P/24.

Dehati Nalisi Ex.P/40 was recorded on the spot and after completion of search and seizure proceeding the seized articles and accused person were taken to police station where FIR Ex.P/41 was registered and seized articles were kept in safe custody of Malkhana and obtained acknowledgment vide Ex.P/27. The seized sample packets were sent for its chemical examination to FSL Bilaspur from where report Ex.P/5 was received. In FSL report of sample packets, Ganja contents were found. Inventory was prepared by the Executive Magistrate and relevant document of inventory was Ex.P/37, P/26 & P/28.

Photography during inventory was done vide Ex.P/29.

3. Statement of witnesses were recorded and after completion of investigation charge sheet was filed against the appellant before the trial court for the offence under Sections 20(b)(ii)(B) of the NDPS Act. After trial for the offence under Section 20(b)(ii)(B) of the NDPS Act, the respondent accused have been acquitted by the trial court holding that there are material omissions and contradictions in the