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2026:CGHC:14226

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No. 1820 of 2018

Ghanshyam Manjhi S/o Chetan Manjhi Aged About 26 Years R/o Village- Maidalpur, Police Station- Papda, Handi, District- Navrnpur,

Orrisa.

... Appellant

versus

State Of Chhattisgarh Through Police Station- Citi Kotwali, District-

Dhamtari, Chhattisgarh.

---- Respondent Digitally _______________________________________________________

signed by VASANT V K A U S M A A N R T KUMAR Date:

2026.03.25 16:03:35 +0530 For Appellant : Ms. Kusum Lalchandani, Advocate

appears on behalf of Mr. Akath Kumar Yadav, Advocate

For State/Respondent : Mr. Jitendra Shrivastava, GA &

Mr. Raj Kumar Sahu, PL ______________________________________________________

Hon'ble Shri Justice Arvind Kumar Verma

Judgment on Board

25/03/2026

1. The instant criminal appeal has been preferred by the appellant

under Section 374(2) of CrPC being aggrieved with the judgment of conviction and order of sentence dated 13.09.2017

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passed in Special Criminal Case (NDPS Act) No.94/2017 by the Special Judge (NDPS Act, 1985), Dhamtari (C.G.), whereby

the trial Court has convicted the appellant as under :

Conviction Sentence In Default

Under Section R.I. for 07 years In default of 20(b)(ii)(B) of the and fine amount of payment of fine Narcotic Drugs Rs.50,000/- amount further

and Psychotropic R.I. for 01 year Substances Act,

1985

2. According to the case of prosecution is that on 23.01.2017, Sub

Inspector Ramesh Kumar Sahu along with two other police person went to city inspection as well as other official work his motor cycle subsequently Police got information by informer that the one person has illegal Narcotic Drugs(cannabis) at New Bus Stand Dhamtari for selling the same. There after Police Station City Kotwali has seized 8 KG of cannabis in possession of the Appellant. Thereafter first Information Report was lodged against the present Appellant. Thereafter Police Station City Kotwali registered the case as crime no 20/2017 for the offence punishable 20(b)(ii)(B) of NDPS Act. Thereafter, Appellant was

arrested on the same day i.e. 23.01.2017.

3. So as to hold the accused guilty, the prosecution has examined

as many as 09 witnesses and exhibited 36 documents. The

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statement of the accused was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the

case.

4. After hearing the parties, vide impugned judgment of conviction

and order of sentence dated 13.09.2017, learned Special Judge has convicted and sentenced the appellant as mentioned in

para-1 of this judgment. Hence, the present appeal.

5. Learned counsel appearing on behalf of the appellant

contended that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the incident is of the year 2017 and the appellant is facing lis since 2017. Appellant has undergone about 03 years, therefore, it is prayed that the jail sentence awarded to the appellant may be reduced to the period already undergone by

him.

6. Per contra, learned counsel for the State/respondent opposes

the argument raised by counsel for the appellant, supported the

impugned judgment and submits that sentence awarded by the

trial Court is just and proper and requires no interference.

7. I have heard learned counsel appearing on behalf of the parties

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and perused the material available on record with utmost

circumspection.

8. On perusal of the records, I have found that on 23.01.2017, Sub

Inspector Ramesh Kumar Sahu along with two other police person went to city inspection as well as other official work his motor cycle subsequently Police got information by informer that the one person has illegal Narcotic Drugs(cannabis) at New Bus Stand Dhamtari for selling the same. There after Police Station City Kotwali has seized 8 KG of cannabis in possession of the Appellant. Thereafter first Information Report was lodged against t