2025:CGHC:5929 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 544 of 2021

1 - Anto Yadav S/o Baisakhu Yadav Aged About 30 Years R/o Khajari Dhav, Police Station- Bahar, District- Jashpur, Chhattisgarh ... Appellant(s)

versus

1 - State Of Chhattisgarh Through Police Station- Farasgaon, District-

Kondagaon, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Shri S.P.Sannat Advocate on behalf of Shri Basant Kaiwartya, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

31/01/2025 The present appeal has been filed under Section 374(2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 07.04.2021 passed by the learned Special Judge (NDPS Act- 1985) Kondagaon, District Kondagaon in Special Criminal Case under the NDPS Act No.492/2022 whereby the appellant has been convicted for the offence under section 20(b)(ii-c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) and sentenced with R.I. for 10 years with fine of Rs.1,00,000/-, in default of payment of fine, additional R.I. for 1 year.

2. Brief facts of the case are that on the basis of secret information received by the Inspector Krishna Patle (PW-1), Station House Incharge, to the effect that the accused was carrying the contraband Ganja in a Bolero Pickup bearing No. CG 13 Y-8604 and was going towards Farasgaon from Jagdalur. On receiving this information, he reached the spot and dehati nalishi was registered under Section 20(B) of the NDPS Act. On the basis of the said information, FIR was registered at police station and after registering it in the Rojnamcha sanha Ex.P-29, the said information was forwarded to the higher authorities. Informer Information Panchnama and without warrant search panchanama were sent through special messenger Vikas Dugga to Sub Divisional Officer, Farasgaon vide Ex.P-23. Thereafter on the direction of the higher officials of the NDPS Act, after following legally prescribed procedural requirements, he along with Assistant Constable Pitamber Rathore, Constable NO. 458,416, 194 and the kit, electronic weighing machine, laptop with printer and independent witnesses and the staff reached the spot-near NH-Road 30. After a while, the pick up vehicle was coming from Kondgaon towards the place where blockade was set up. On being interrogated, he revealed his name as Anto Yadav Notice under Section 50 of the NDPS Act was also given to him vide Ex.P-7 and he was informed about his right to search. His consent was obtained that he is ready to be searched by the police officer. Before his search, the police party have also given their own search vide Ex.P-9 and the Govt. vehicle and motorcycle was also searched by the accused and panchnama Ex.P-10 was prepared. On being search of the police party no incriminating article have been found. When the bags of the accused/appellant were searched 90 packets total of 461.420 kgs. of ganja wrapped and sealed with tape were found and talashi panchnama was prepared. The recovery panchnama was prepared. All 90 packets were opened and a small quantity was taken out from the packets and it was physically identified by its nature, smell, rubbing and then it was found to be Ganja and the identification panchnama was prepared. After searching, search panchnama was prepared and in presence of independent witnesses, spot map was prepared, after inventory procedure, the seized contraband was sealed kept in 20 jute bags sealed and same was sent to FSL. Notice under Section 91 of the Cr.P.C. was also given to the appellant, but he failed to submit any document with respect to the said Ganja. The recovered ganja was weighed by weighment witness Virendra Singh and it was found total 461.420 kgs. ( the packets Ex.A-1 to A-90 were marked) and weigment panchnama Ex.-P/15 was prepared. The Executive Magistrate was called on the spot who homogenized the contents of 90 packets and homogenization panchnama was prepa