2026:CGHC:13086 NAFR Digitally signed INDRAJEET by INDRAJEET SAHU SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.04.04 13:47:35 +0530 ACQA No. 299 of 2024

1 - State of Chhattisgarh Through Police Station Mahasamund, District Mahasamund Chhattisgarh.

... Appellant Versus

1 - Pukeshwar Dewangan S/o Hemraj Dewangan, Aged About 32 Years R/o Village Ghot, Police Station Arang, District Raipur Chhattisgarh. Present R/o Changoraghata, Raipur Police Station D.D. Nagar, District Raipur Chhattisgarh.

... Respondent(s)

For Appellant : Ms. Supriya Upasne, Govt. Advocate.

For Respondent : Ms. Swati Rani Sharaf, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

18.03.2026

1. The present Acquittal Appeal under Section 378(1) of Cr.P.C. has been filed by the State against the impugned judgment dated 31.07.2023 passed by the Special Judge (Narcotics Drugs And Psychotropic Substances Act, 1985) (in short, NDPS Act) Mahasamund, in Special Criminal Case (NDPS Act) No.H-14/2020, whereby the respondent-accused has been acquitted from the offence under Section 20(b)(ii)(B) of the NDPS Act.

2. Brief facts of the case are that, on 23.06.2020 Vinod Sharma, PW-

13, Sub Inspector of Police, Police Station, Mahasamund received a secret information that illegal contraband (Ganja) is being transporting in a White Colour Duster Car bearing registration No.CG-07-AN-9299 which is coming from Saraipali towards Raipur. The secret information Panchnama was prepared and along with independent witnesses the police reached on the informed place. After sometime they stopped the said Duster Car bearing registration No.CG-07-AN-9299. The person who occupied the Car disclosed his name as Pukeshwar Dewangan. On being search of the vehicle, total 18 packets of Ganja were found in Dikki of the Car and recovery Panchnama was prepared. The entire contents of the packets were homogenized on the spot and after its weight it was found to be of 17.500 KG. The weighment Panchnama was also prepared and the vehicle and Ganja were seized. Two sample packets of 100 gram each from the homogenized Ganja were taken out and separately sealed. Spot map was also prepared on the spot. The seized Ganja, Car and accused were brought to the Police Station where FIR for the offence under Section 20(b) of the NDPS Act was registered and the details of information was sent to SDOP Mahasamund. The sample packets of Ganja were sent for its chemical examination to State FSL Raipur from where the contents of Ganja in sample packets were confirmed in the FSL report. The inventory was prepared by the Executive Magistrate.

3. Statement of witnesses were recorded and after completion of usual investigation charge sheet was filed against the appellant before the trial court. The trial court has framed charge against the accused for the offence under Section 20(b)(ii)(B) of the NDPS Act which he denied and claimed trial. During trial, the prosecution has examined as many as 14 witnesses. Statement of accused under Section 313 CrPC was also recorded in which he denied the circumstances that appears against him, pleaded innocence and have submitted that he has been falsely implicated in the offence.

4. After appreciation of oral as well as documentary evidence led by the prosecution, the trial court has acquitted the respondent accused vide its judgment dated 31.07.2023 holding that prosecution has failed to prove its case beyond reasonable doubt and there are non compliance of mandatory provisions of Sections 52, 52-A and 55 of the NDPS Act and by giving benefit of doubt the accused was acquitted. The said judgment of acquittal is under challenge in the present Acquittal Appeal.

5. Learned counsel for the State would submit that but for minor omissions or contradictions, the evidence of prosecution witnesses are fully reliable and sufficient to hold guilty of the accused. The trial court has passed its judgment on technicalities that procedure for search and seizure has not been conduct