2026:CGHC:509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3656 of 2025 Royden Harold Buthello S/o Harold Anthony Buthello Aged About 33 Years R/o Flat No. 20, Arunodaya C H S Ltd. A Wing, Manipada, Sunder Nagar, Kalina University, Near Buth Vihar, Kalina Santacruz East, Mumbai- 400098.

... Petitioner -Versus-

State Of Chhattisgarh Through- Station House Officer, Thana / P.S. - City Kotwali, Raipur, C.G.

... Respondent (Cause title taken from Case Information System)

For Petitioner : Mr. Dev. M. Galani, Advocate (through virtual mode) along with Mr. Neeraj Choubey, Advocate For Respondent/State : Mr. Sumit Singh, Deputy A.G.

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

05/01/2026

1.

The present Criminal Miscellaneous Petition filed by the petitioner VED PRAKASH DEWANGAN under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.25 against the order dated 12-11-2025, passed by learned Special Judge (NDPS), Raipur, in Special Case No. 98/2020, whereby the application under Section 294 of the Cr.P.C. filed by the petitioner has been dismissed.

2.

The subject matter in brief is that the petitioner is an accused in Special Case No. 98/2020, pending before the learned Special Judge (NDPS), Raipur, for the offence under Section 22(b), 29 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “the NDPS Act”). After recording the prosecution evidence, the statements of the accused persons under Section 313 of the Cr.P.C. (Section 351 of the BNSS, 2023) were recorded on 23-08-2025, and thereafter, the accused persons, including the petitioner, pleaded that they did not want to examine any defence witness. On 23-08-2025 itself, the petitioner filed an application under Section 294 of the Cr.P.C. along with the certified copies of certain documents obtained from the Special Case No. 87/2020, pending before the learned Xth Special Sessions Judge (NDPS), Raipur and prayed for a direction to the prosecution either to admit the documents or to deny the same. On 10-09-2025, the prosecution filed its reply and thereafter, on 16-10- 2025, the prosecution filed a supplementary reply to the application of the petitioner. After hearing the parties, the learned trial court dismissed the application of Section 294 of Cr.P.C. filed by the petitioner vide order dated 12-11-2025. Hence, this petition.

3.

Learned Counsel appearing for the petitioner would submit that the petitioner was also arrested in Crime No. 232/2020, registered at the police station Azad Chowk, Raipur, for the offence under the NDPS Act, for which he is facing trial of Special Case (NDPS) No. 87/2020, before the learned Special Judge (NDPS Act), Raipur. He has also been falsely implicated in Crime No. 255/2020, registered at the police station, Kotwali, Raipur, for which he is facing trial of Special Case No. 98/2020, before the learned Special Judge (NDPS), Raipur. In support of his defence, he filed certain certified copies of the documents obtained from the Special Case (NDPS) No. 87/2020 and filed in the Special Case No. 98/2020, along with an application under Section 294 of the Cr.P.C. The prosecution is required to either admit or deny the documents and in the absence thereof, the documents submitted by the petitioner should be admitted in evidence from the defence side without any formal proof. He would further submit that the authenticity of the documents is admitted by the prosecution in their reply, and therefore, the same should be admitted in evidence and read as the evidence without any formal proof. He would further submit that the prosecution, in its first reply filed on 10-09-2025, admitted the genuineness of the documents, and in its second reply filed on 16-10-2025, denied the documents on the ground that it relates to another case. Directing for another reply to the prosecution itself is violative of criminal procedure. The documents filed by the petitioner are the cert