Order on Board

Per Ramesh Sinha, Chief Justice

14.05.2026

1. Heard Mr.Rajeev Kumar Dubey, learned counsel for the petitioner as well as Mr.Priyank Rathi, learned Government Advocate appearing for the respondent/State.

2. The present petition has been filed by the petitioner seeking following relief(s):

“It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the charges dated 16.03.2026 for the offences punishable under Sections 20(b)(ii)(B) read with Section 29 of Narcotic Drugs and Psychotropic Substances Act framed by the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.) in Special Criminal (NDPS) Case No. 36/2026, cognizance taken dated 28.02.2026; and further be pleased to quash the entire criminal proceedings arising out of Charge Sheet No. 24/2026 dated 26.02.2026 filed for the offence under Section 20(b) of NDPS Act and Crime No. 12/2026 dated 14.01.2026 registered at Police Station Fingeshwar, District Gariyaband (C.G.) for the offence under Section 20(b) of NDPS Act, insofar as it relates to the present applicant; in the interest of justice.”

3. Case of the prosecution, in brief, is that on 14.01.2026, information was received from an informant that certain persons were illegally transporting a large quantity of ganja (cannabis) in a white Tata Safari vehicle bearing registration No. CG-04-DM-5000, which was coming from Mahasamund towards Rajim via Fingeshwar Main Road. After informing the Station House Officer about the said information, the same was duly recorded in the daily diary, and a vehicle checking operation was conducted on the Rajim–Mahasamund road in front of the main gate of Police Station Fingeshwar. During the course of checking, the aforesaid white Tata Safari vehicle bearing registration No. CG-04-DM-5000, as described by the informant, was seen approaching at high speed from Fingeshwar towards Rajim and was intercepted by the police party. Upon inquiry, the driver disclosed his name as Ajay Sahu, while the other occupants identified themselves as Angad Ram Gaikwad, juvenile Gulshan Nishad, and Hemant Sahu. During the search of the Tata Safari vehicle in possession of the accused persons, two separate plastic sacks kept in the rear luggage compartment were recovered. Upon examination, both sacks were found to contain a substance emitting the smell of ganja. On being questioned, the accused persons admitted that the substance was ganja. From one black-blue plastic sack, 14.093 kilograms of ganja was recovered, and from the other white plastic sack, 5.360 kilograms of ganja was recovered, making the total quantity 19.423 kilograms, valued at approximately Rs. 9,70,000/-.

4. In addition to the aforesaid contraband, one white Tata Safari vehicle bearing registration No. CG-04-DM-5000, valued at Rs. 3,00,000/-, and three touchscreen mobile phones valued at Rs. 30,000/- were also seized. Thus, articles worth approximately Rs. 13,00,000/- in total were seized from the possession of the accused persons. The seized ganja was duly sealed on the spot, and the police took custody of all seized articles in accordance with law. During interrogation, accused Ajay Sahu and Angad Ram Gaikwad disclosed that the ganja had been ordered by Mahendra Verma, resident of Abhanpur, mobile number 9131661503, and had been procured from Prafulla Sahu, resident of Balangir, Odisha, mobile number 8917459640. They further disclosed that Ajay Sahu, along with Rahul Gaikwad, son of Angad Ram Gaikwad, was involved in the purchase and sale of ganja. Since the acts of the accused persons constituted offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, a preliminary offence report was prepared on the spot, and accused Ajay Sahu and Angad Ram Gaikwad were arrested on 14.01.2026. Thereafter, upon returning to the police station, ASI Neeluram Diwan registered formal Crime No. 14/2026 under Section 20(b) of the NDPS Act and commenced the i