2026:CGHC:14746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 418 of 2017

1 - Mohammad Mustaq S/o Mohammad Muse Khan, Aged About 48 Years R/o Village Sanki, Near Kissan Rice Mill, Police Station Chakarbhata, District Bilaspur, Chhattisgarh., Chhattisgarh ... Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Civil Lines, District Bilaspur, Chhattisgarh., Chhattisgarh ... Respondent(s)

For Appellant (s) : Ms.Sarina Khan, Advocate For Respondent/State : Shri Vivek Mishra, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

30/03/2026 When the matter was called out today, none appeared on behalf of the appellant. In the circumstances, this Court deems it appropriate to proceed with the hearing of the appeal by appointing a counsel through the High Court Legal Services Committee.

2. Accordingly, Ms. Sarina Khan, Advocate, empanelled Legal Aid Counsel, is appointed to represent the appellant and to argue the appeal on her behalf. The Secretary, High Court Legal Services Committee, is directed to issue the requisite authorization letter in her favour.

3. This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 02.03.2017 passed by the learned Special Judge, NDPS Act, Bilaspur in Special Case No. 18/2013, whereby the appellant has been convicted under Section 21(A) of the NDPS Act, 1985 and sentenced to undergo six months rigorous imprisonment along with fine of Rs. 5,000/-, with default stipulation.

4. The prosecution case, as unfolded from the record, is that on 23.05.2013, the police authorities of Police Station Civil Lines, Bilaspur received a credible secret information from an informant that two persons were proceeding from Sakri towards Uslapur on a TVS Scooty bearing registration No. CG-05-B-7798, and that they were carrying contraband psychotropic substances in the form of injections and tablets for the purpose of illegal sale. Upon receipt of the said information, the concerned police officer reduced the information into writing and, after complying with the procedural requirements under the provisions of the NDPS Act, constituted a raiding party. Necessary intimation was also forwarded to superior officers as required under law.

Independent witnesses were called to the spot to ensure transparency in the search and seizure proceedings.

5. Thereafter, the police party proceeded towards the indicated location and laid a nakabandi (interception point). After some time, the said vehicle matching the description was spotted approaching from Sakri side. The vehicle was stopped and the persons riding it were apprehended. On inquiry, the driver disclosed his name as Sanjay Saraf, while the pillion rider disclosed his identity as the present appellant Mohammad Mustaq. Thereafter both the accused persons were informed under the NDPS Act to be searched in the presence of a Gazetted Officer or Magistrate. Upon their consent, the search was conducted in accordance with law in the presence of witnesses.

6. During the course of search, a bag in possession of the accused persons was examined, which led to the recovery of Lupigesic injections, packed in multiple polythene packets; Several strips of Nitrazepam (Netacom) tablets, amounting to thousands in number; Additional psychotropic tablets contained in cartons, each consisting of strips and individual tablets from the possession of the accused persons. The seized articles were counted and catalogued. The recovered substances were suspected to be psychotropic substances covered under the NDPS Act, and accordingly, they were seized vide a duly prepared seizure memo (panchnama) in the presence of independent witnesses. Samples were drawn from the seized contraband in accordance with prescribed procedure, sealed on the spot, and the remaining bulk was also sealed separately. The seal used was duly noted in the seizure memo to maintain the sanctity of the chai