2025:CGHC:49199-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1899 of 2017 Judgment Reserved on : 30.07.2025 Judgment Delivered on : 25.09.2025

1. Rinku Kumar S/o Ramesh Prasad, Aged About 31 Years, R/o Wiskoman Colony, Thana- Alamganj District Patna, Bihar, Civil District Patna Bihar.

2. Nakul Singh, S/o Hareram Singh Rajput, Aged About 24 Years, R/o Mathurapur Thana Koielwar District Bhojpur, Bihar, Civil District Bhojpur, Bihar.

... Appellants versus  State Of Chhattisgarh Through The Police Station Arjuni, District Dhamtari Chhattisgarh. Civil District Dhamtari, Chhattisgarh.

... Respondent For Appellants : Mr. Shrinivas Rao, Advocate appears on behalf of Mr. Gagan Tiwari, Advocate.

For Respondent/State : Mr. Ankur Kashyap, Dy. Govt. Advocate.

Hon'ble Smt. Justice Rajani Dubey, J Hon’ble Shri Justice Amitendra Kishore Prasad (CAV Judgment)

Per Rajani Dubey, J

1. The appellants in this appeal under Section 374(2) of CrPC has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 06.10.2017 passed by the Special Judge (NDPS Act), Dhamtari (C.G.) in Special Criminal Case (N.D.P.S. Act 1985) No.146/2017, whereby the appellants stand convicted and sentenced as under:

2. Case of the prosecution, in brief, is that on 23.03.2017, Assistant Sub-Inspector Ramesh Sahu (PW-8), in-charge of District Crime Branch, along with staff Head Constable 147, 183, 196, Constable No. 254, 262, 371 were on patrolling duty in government vehicle No. CG 03-5396. During patrolling, he received a secret information from an informer that two persons were transporting narcotic substance ganja from Jagdalpur to Raipur for illegal sale in a maroon coloured Tata Manza Car bearing registration No. WB 22-U-

0348. On receiving the information, the witnesses Head Constable Pradeep Singh (PW-7) and Rakesh Mishra (PW- 4) were made aware about the secret information and a panchanama to this effect was prepared on the spot and a copy of it was sent to D.S.P. office Dhamtari by giving a duty certificate to Constable Kuldeep Rajput (PW-6). Head constable Rakesh Mishra (PW-4) was sent with a duty certificate to summon two independent witnesses. After some time, Rakesh Mishra (PW-4) brought two independent witnesses Gulzar Khan (not examined) and Mukesh Kumar (not examined). Both the witnesses were made aware about the secret information and gave them summon under section 160 of the Indian Penal Code and were asked to co- operate in the proceedings. Thereafter, a Panchnama was prepared in front of witnesses regarding non-receipt of search warrant. Assistant Sub-Inspector Ramesh Sahu (PW-8), in-charge of District Crime Branch, along with his staff and witnesses, then went to Sambalpur Railway Crossing NH 30 Road and barricaded the road. After some time, a maroon coloured Tata Manza car No. WB 22-U-0348 came and was stopped by waving hands. There were two persons sitting in the said car. On questioning, the person sitting on the driver's seat told his name as Nakul Singh, son of Hareram Singh Rajput, age 24 years, resident of Mathurapur, police station- Koilwar, District- Bhojpur (Bihar) and the person sitting behind told his name as Riku Kumar, son of Ramesh Prasad, age-31 years, resident of Viscoman Colony, police station Alamganj, District- Patna (Bihar). The accused/appellants were informed about the secret information and were told that he wanted to search them and their car. It was also told to the accused persons that they can also get themselves searched by any gazetted officer or the nearest Magistrate. In this regard, notice was given to the accused persons and they agreed to search themselves by Assistant Sub Inspector Ramesh Sahu (PW- 8) and the police party was searched in front of witnesses in which no objectionable item was found from the police party and a search panchanama was prepared accordingly. The investigating officer Assistant Sub Inspector Ramesh Sahu (PW-8) searched the Tata Manza car of the ac