2026:CGHC:19266-DB Digitally signed by ANURADHA AFR ANURADHA TIWARI TIWARI Date:

2026.04.29

16:42:51 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2151 of 2025 Sheikh Rehman Qureshi S/o Sheikh Ramzan Qureshi, Aged About 42 Years R/o Kashiram Nagar, Near Jaitkhambh Police Station Telibandha, Raipur, District Raipur (C.G.)

...Appellant versus State of Chhattisgarh Through Station House Officer, Police Station-

Telibandha, Raipur, District Raipur (C.G.)

... Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Ali Afzaal Mirza, Advocate For State/Respondent : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

27.04.2026

1. Heard Mr. Ali Afzaal Mirza, learned counsel for the appellant as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent.

2. Learned counsel for the appellant submits that, vide order dated

17.03.2026, the appellant was granted ad-interim bail by this Court for a limited purpose, namely, to enable him to attend the marriage ceremony of his daughter.

3. It is further submitted that pursuant to the said order, the appellant was released for the aforesaid purpose and thereafter, in compliance with the terms and conditions of the order as well as the directions of the authorities, he was again taken into custody and sent to jail.

4. Learned counsel submits that at present the appellant is confined in judicial custody.

5. The appellant has preferred the present appeal under Section

415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), assailing the legality and correctness of the impugned judgment dated 15.09.2025 passed by the learned Special Judge (N.D.P.S. Act), Raipur, District Raipur (C.G.), in Special Sessions Case No.172/2024. By the said judgment, the appellant has been held guilty for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) and has been sentenced to undergo rigorous imprisonment for a period of 15 years along with a fine of Rs.1,50,000/-, with a stipulation that in default of payment of fine, he shall further undergo rigorous imprisonment for a period of six months.

6. The prosecution story of the case, as unfolded before the learned Trial Court, is that on 04.05.2024, the Investigating Officer, Station House Officer, Police Station Telibandha, Raipur, received secret information from an informant that a person standing beneath the Kashiram Nagar overbridge, Telibandha, Raipur, wearing a blue-coloured T-shirt and carrying a black coloured bag, was in possession of and attempting to sell contraband narcotic and psychotropic substances to prospective customers.

7. Pursuant to the said information, which was duly recorded in the Rojnamcha Sanha, the services of independent witnesses namely Sanjay Nishad (PW-1) and Sanjay Bohare (PW-2) were secured through Constable Kamlesh Singh (PW-5). After their availability, they were apprised of the secret information and, with their consent, notices under Section 160 Cr.P.C. were issued to them.

8. Thereafter, a preliminary panchnama regarding the secret information (Ex.P/3) was prepared, along with proceedings relating to inability to obtain search warrant (Ex.P/4) and verification of the information (Ex.P/05). The mandatory notice under Section 50 of the NDPS Act (Ex.P/06) was served upon the suspect, informing him of his legal right to be searched before a Gazetted Officer or Magistrate. His consent for search was recorded through consent panchnama (Ex.P/7). The search operation was conducted in accordance with law by the Investigating Officer along with police staff, witnesses, and the accused, and separate search panchnamas were prepared including search of self and police party (Ex.P/8), search of police vehicle (Ex.P/9), search of witnesses (Ex.P/10), search of the suspe