2025:CGHC:5345-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 217 of 2022

1 - Shahbaz Ahmed Seikh S/o Nihal Ahmed Aged About 20 Years Cast Muslim R/o Adarsh Nagar Ward No. 1 Budhar P.S. Dhamtari District Shahdol (M.P.).

... Appellant(s)

versus

1 - State of Chhattisgarh Through Station House Officer Pamgarh District Janjgir Champa Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Rajvardhan Singh, along with Ms. Bulbul Agrawal, Advocate.

For Respondent(s) : Mr. Shaleen Singh Baghel, Dy. Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ravindra Kumar Agrawal, J.

29/01/2025

1. The present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 12.11.2021, passed by learned Special Judge (NDPS Act) Janjgir, District- Janjgir-Champa, (C.G.) in NDPS Case No. 04/2020, whereby the appellant is convicted for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced him for R.I. for 20 years with fine of Rs.2,00,000/- in default of payment of fine 2 months additional S.I.

2. Brief facts of the case are that on 05.01.2020 when the ASI H.N. Tamrakar along with the other police staff were checking the vehicles in front of the police station, Pamgarh, the Scorpio vehicle bearing registration No. OD- 02BC-7409 came from Shivrinarayan side in high speed and not stopped there. On suspicion, the police party chased the Scorpio vehicle by their motorcycle and catch them in front of State Bank of India, Pamgarh branch. The driver of the vehicle disclosed his name as Shahbaz Ahmad Seikh and other person who was also found vehicle disclosed his name as Ajay Singh Baghel. The odour of cannabis (Ganja) was coming out from the vehicle. Therefore, it was found 217 brown packets which was kept under the black blanket.

3. The notice under Section 160 of the Cr.P.C. was given to the witnesses Bhagwat Sahu and Mahabir Khande and request memo was also sent to Executive Magistrate for physical verification of the seized article. The Executive Magistrate Ms. Netraprabha Sidar PW-6 reached on the spot and in her presence the Scorpio vehicle was being searched and 217 packets of cannabis (Ganja) was seized, 3 number plates of the vehicle, 1 was having registration No. OD-02BC-7409 and 2 was having number of MP-65J-0714 and 5 mobile phones were also recovered. On being weighted cannabis (Ganja) was found 222.800 kg. The accused persons were asked for production of documents of ownership of the cannabis (Ganja) but they failed to produce any document. The FIR has been registered and 2 samples of 100 gm each were drawn and seized. The cannabis (Ganja), vehicle and sample packets of cannabis (Ganja) and the accused persons were taken to police station where FIR has been registered, the accused persons have been arrested. The sample packets of cannabis (Ganja) were sent for its chemical examination to FSL. After completion of usual investigation, charge-

sheet was filed against the appellant and co-accused Ajay Singh Baghel for the offence under Section 20(b) of the NDPS Act before the learned trial Court.

4. The learned trial Court has framed charge against the appellant for the offence under Section 20(b)(ii)(C) of the NDPS Act. The appellant abjured his guilt and claimed trial.

5. In order to establish the charge against the appellant the prosecution has examined as many as 12 witnesses. Statement of the appellant Shahbaz Ahmad Seikh under Section 313 of the Cr.P.C. has also been recorded in which he denied the circumstance appears against him, plead innocence and have submitted that he has been falsely implicated in the offence. He is only a driver and working under the instruction of his owner.

6. In the case charge-sheet has been filed against the two accused persons