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2026:CGHC:13966 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 1723 of 2018

Anil Kumar Godavari S/o Rajendra Godavari Aged About 34 Years R/o Tikarapara, Mannu Chowk, Bilaspur, District- Bilaspur, Chhattisgarh.,

District : Bilaspur, Chhattisgarh ... Appellant

versus State Of Chhattisgarh Through Police Station- Sankara, District-

Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s)

For Appellant : Mr. Shreshtha Gupta, Advocate through legal aid

For Respondent(s) : Mr. Vivek Mishra, Panel Lawyer

Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board

24/03/2026

1. Today when the matter is called out for hearing, no one appeared

on behalf of the appellant I, therefore, requested for assistance from a counsel of the High Court legal aid services committee, Mr. Shreshtha Gupta, Advocate has been nominated to assist the

court.

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2. I have gone through the judgment under appeal and the deposi-

tions of witnesses and exhibits assisted both by Advocate through the High Court Legal Services Committee and Learned State Counsel. In view of (2014) SCC 222 (Surya Baksh Singh Vs. State of Uttar Pradesh), I do not consider it necessary to adjourn this case and issue fresh notice to the Appellant as his interest has been duly taken care of by nominating another counsel from

the High Court Legal Services Committee.

3. This criminal appeal has been filed under Section 374 (2) of

Cr.P.C., 1973 by the appellant against the judgment of conviction and order of sentence dated 27.09.2018 passed by the learned Special Judge (NDPS Act) Mahasamund (C.G.), in Special Crimi- nal Case (NDPS Act) No. H-08/2017, whereby the appellant has

been convicted and sentenced as follows:- Convicted Sentenced to

U/s 20(b)(ii)(B) of R.I. for 4 years with fine of Rs. N.D.P.S. Act, 1985 10,000/-, in default of payment of fine,

additional R.I. for 6 months.

4. On 28.01.2017, Sub-Inspector Anil Paleshwar of Police Station

Sankra received information that the accused was transporting ganja from Odisha towards Sankra on a motorcycle with a white plastic sack. After preparing the informant memorandum and sum- moning witnesses, the police laid a trap near village Saldih and apprehended the accused. Upon complying with Section 50 of the NDPS Act, the accused consented to search by the police officer.

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On search of the motorcycle, 10 packets of ganja were recovered from a white plastic sack. The contraband was identified, weighed (10 kg net), and samples of 100 grams each were drawn and sealed. The remaining ganja and the motorcycle were seized. The accused was arrested, FIR was registered, and samples were sent for chemical examination, which confirmed the substance as ganja. After completion of investigation, a charge-sheet was filed under Section 20(b)(ii)(B) of the NDPS Act. The accused denied the allegations in his statement under Section 313 CrPC, claimed

false implication, and did not adduce any defence evidence.

5. The learned Special Judge (NDPS Act) Mahasamund (C.G.), after

appreciating oral and documentary evidence available on record vide judgment dated 27.09.2018, convicted the appellant for the offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. and

sentenced him as mentioned in opening paragraph of this order.

6. The appellant was in jail from 29.01.2017 to 09.01.2018.

7. Learned counsel for the appellant would submit that the appellant

is innocent person and has been falsely implicated in the afore- said case and the mandatory provisions have not been followed by the prosecution. The judgment of the Trial Court is bad in law as well as on facts. The learned Trial Court ought not to have con- victed and sentenced the appellants and ought to have given the benefit of doubt since the evidence submitted by the prosecution is very shaky and unbelievable. The Trial Court failed to appreci-

ate the evidence and documents available on record.

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8. Learned counsel for the appellant submits that he does not want

to press