Judgment on Board

Per Ramesh Sinha, Chief Justice

Heard Shri MPS Bhatia, learned counsel for the appellant. Also heard Shri Soumya Rai, learned Dy GA appearing for the respondent/State.

1. Present appeal under section 415(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) has been filed by the appellant against the impugned judgment of conviction and order of sentence dated 22.07.2025 (Annexure A1) passed by the learned Special Judge (NDPS Act), Raipur, District-Raipur in special Criminal Case-158 of 2021, whereby the appellant has been convicted and sentenced in the following manner with default stipulation:

(Both the sentences to run concurrently)

2. The prosecution case, in brief, is that on 03.10.2021 the Investigating Officer, Assistant Sub-Inspector of Police Station Chura, District Gariyaband, received credible information from an informant to the effect that a person was transporting contraband Ganja from the State of Odisha to village Kosmi in a Santro car bearing registration No.CG-04/NG-4134 (for short, ‘Santro car’). Acting upon the said information, an informant panchnama was prepared in compliance with the mandatory provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act), and necessary steps were taken to secure the presence of independent witnesses. Thereafter, the police party proceeded to the indicated spot and cordoned off the area. At the time and place pointed out by the informant, a white Santro car bearing registration No.CG-04/NG-4134 was seen approaching from the side of village-Churkidadar. On noticing the police presence, the driver of the vehicle abandoned the car on the road and fled from the spot along with the keys. The vehicle was thereafter searched on the spot in accordance with law. During the search of the aforesaid Santro car, a total of 73.370 kgs of ganja was recovered, packed in 44 separate packets kept inside five plastic bags. In addition thereto, from a black bag lying near the driver’s seat, one country-made pistol, and four live cartridges were also recovered. The search and seizure proceedings were conducted in presence of independent witnesses, and the Santro car was duly inspected. The recovered contraband and arms were seized in accordance with law. In compliance with the mandatory provisions of the NDPS Act, representative samples of 100 grams each were drawn from the seized Ganja, properly sealed, and marked for forensic examination. Thereafter, a formal crime was registered, and investigation was set in motion. During the course of investigation, the accused persons as well as the registered owner of the vehicle were traced out. The registered owner, namely Bhagwat Sahu, PW3 disclosed that at the relevant time, the vehicle was in the possession and control of Mukesh Sahu, who is brother of Bhagwat Sahu. The investigating officer interrogated the accused Mukesh Sahu and duly informed him of the grounds for arrest and arrested him. His family members were informed of the arrest of the accused. The investigating officer prepared spot map of the incident and recorded the Dehati Nalishi. After the said proceeding, on returning to the police station, the recovered goods and samples were handed over to the Mal Munshi of the police station in a sealed condition for safekeeping. The investigating officer sent a report of the entire proceedings to his superior officer. After obtaining a draft from the Senior Superintendent of Police, the drugs seized from the accused were sent for testing through a constable. The seized samples were sent to the Forensic Science Laboratory, Raipur, for chemical examination. As per the FSL report, the samples were found to contain Ganja. On the basis of the material collected during investigation, it was alleged that