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2026:CGHC:13729 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 1208 of 2018

1 - Vijendra Lodhi S/o Suryakant Lodhi Aged About 67 Years R/o- Chitrakut Dham, Tahsil And Police Station Karvi (U.P.), Uttar Pradesh 2 - Kanshi Prasad Lodhi S/o Nathu Prasad Aged About 70 Years R/o-

Sinjora, Tahsil Kulpahar, P.S. Karvi (U.P.), Uttar Pradesh ... Appellants(s)

versus

1 - State Of Chhattisgarh Through- The Station House Officer Charama, District- Kanker, Chhattisgarh., District : Kanker, Chhattisgarh

... Respondent(s)

For Appellants : Shri Sandeep Shrivastava, Advocate For Respondent/State : Ms.Avelyn Juneja Gambhir, PL

(Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

23/03/2026

This criminal appeal under Section 374(2) of the Code of

Criminal Procedure has been preferred by the appellants assailing the judgment of conviction and order of sentence dated 28.07.2018 passed

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by the learned Special Judge (NDPS Act), North Bastar, Kanker in Special Case No. 43/2017, whereby the appellants have been convicted under Section 20(b)(ii)(B) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for five years with fine of

₹10,000/- each, with default stipulation.

2. The prosecution story, as unfolded during trial, is that on 28.07.2017, Sub-Inspector Baleshwar Lahre, posted at Police Station Charama, District Kanker, received credible secret information from an informant to the effect that two persons, disguised as sadhus, were present near the Charama Bus Stand and were carrying illicit contraband ganja in bags and containers for the purpose of sale and were actively searching for prospective customers. Upon receipt of such information, the said officer reduced the information into writing in compliance with the provisions of Section 42 of the NDPS Act and made an entry in the Rojnamcha Sanha. Thereafter, he constituted a raiding party consisting of police personnel and proceeded to secure the presence of independent witnesses from the locality, namely panch witnesses. As the information disclosed the possibility of imminent movement of the suspects, the police party, along with the panch witnesses, proceeded without delay towards the indicated spot, i.e., the bus stand premises of Charama. Upon receipt of such information, a memorandum under Section 42 of the NDPS Act was prepared and recorded. Efforts were made to secure independent witnesses. Thereafter, the police party proceeded to the spot. At the bus stand premises, the appellants were found carrying bags and steel containers

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and on questioning, they disclosed their identities. After compliance of Section 50 of the NDPS Act, search was conducted in presence of witnesses. Upon reaching the spot, two persons matching the description given by the informant were found present, carrying bags

and a steel container.

3. The said persons were intercepted and, upon inquiry, disclosed their identities as Vijendra Lodhi and Kanshi Prasad Lodhi, the present appellants. The prosecution asserts that prior to conducting search, the appellants were apprised of their legal right under Section 50 of the NDPS Act to be searched before a Gazetted Officer or a Magistrate. It is alleged that the appellants consented to be searched by the police officer present at the spot. Thereafter, search proceedings were undertaken in presence of the panch witnesses. From the possession of appellant Vijendra Lodhi, the suspected contraband recovered was from a steel container: 3 kg 230 grams; from a plastic sack: 2 kg 950

grams and from another sack: 3 kg 420 grams.

4. Similarly, from appellant Kanshi Prasad Lodhi, from a steel container: 3 kg 210 grams; from a sack: 5 kg 350 grams total: 8 kg 560 grams. The recovered substance was identified as ganja based on its appearance and smell. Thereafter, the contraband was weighed on an electronic weighing machine, and samples of 50 grams each were drawn from each packet. The samples were separately packed, sealed, and marked, and the remai