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NEUTRAL CITATION NO. 2026:MPHC-JBP:10025

1 CRA-1145-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 4 OF FEBRUARY, 2026

CRIMINAL APPEAL No. 1145 of 2026

THE STATE OF MADHYA PRADESH

Versus

BASANT SAHU @ CHINILAL SAHU AND OTHERS

Appearance:

Ms.Vineeta Sharma - Dy.Govt. Advocate for appellant/State.

None for the respondents.

ORDER

This appeal under Section 378(3) of the Cr.P.C. has been filed by the

appellant/State assailing the judgment and order of acquittal dated

30.10.2014 passed in Special Case No.22/2010 (State of M.P. vs. Basant

Sahu @ Chinilal Sahu and Others) by the Special Judge (NDPS Act) District

Katni (M.P.), whereby the respondents (hereinafter referred to as the

'accused'), has been acquitted of the offence under Section 8 read with

Section 20 (Kha) of N.D.P.S. Act.

2. The prosecution story, in brief, is that on 13.06.2009 the Station House

Officer, S.B.S. Chauhan, GRP Katni, received information from an

informant that two boys were waiting to sell ganja at Mudwara Railway

Station, Platform No.2, near the water tap. One boy was fair skinned with a

black bag wearing a light pink shirt and jeans and the other was dark skinned

with two bags, a school bag and a bag with 'Fulton' written on it. The

information was recorded in Rajnomcha Sanha. The police personnel,

Signature Not Verified

Signed by: DEEPA MISHRA

Signing time: 11-02-2026

10:56:33

NEUTRAL CITATION NO. 2026:MPHC-JBP:10025

2 CRA-1145-2026

including witnesses Manoj Mishra and Pushpraj Shukla, searched the

suspects and found 8 packets of ganja (7 kg 999 gm), Rs.700/- case and

Spice Mobile and charge from Basant Sahu and from Raju @ Abhishek

Sahu, 2 kg ganja in a school bag, a Sigmatak Mobile, charger and battery and

from Omkar Rai 5 packet of ganja (5 kg), Nokia Mobile and Rs.25050/- was

seized. Seizure memo was prepared as Exhibit P/6. After following due

procedure, offence under Section 8/20 of NDPS was registered against them

vide FIR/ Crime No.96/2009 and charge sheet was filed before the

competent Court.

3.The learned Trial Judge on the basis of material placed on record framed

charge, punishable under Section 8 read with Section 20B of NDPS Act

against the respondents / accused. The respondents/ accused pleaded not

guilty to the charges leveled against him and claimed to be tried.

4. In order to bring home the charges, the prosecution has examined as

many as 14 witnesses, namely, Rajendra Prasad Dubey (PW-1), Rajendra

Garg (PW-2), Manoj Mishra (PW-3), Pushpraj Shukla (PW-4), Omprakash

Nishad(PW-5), Govind Mishra (PW-6), Shailesh Kumar Gupta (PW-7),

Akhtar Ali (PW-8), Prakash Shrivastava (PW-9), Rakesh Patel (PW-10),

Ramesh Kumar (PW-11), Raj Kishore (PW-12), R. K. Soni (PW-13) and

Sudhir Dubey (PW-14) and placed Ex.P/1 to P/43 the documents on

record.

5. The learned trial Court after recording of evidence of both the parties

acquitted the accused from the charges levelled against them on the ground

that there are contradictions in the statement of witnesses regarding the

Signature Not Verified

Signed by: DEEPA MISHRA

Signing time: 11-02-2026

10:56:33

NEUTRAL CITATION NO. 2026:MPHC-JBP:10025

3 CRA-1145-2026

timing of incident. The accused were not informed about their legal rights as

per Section 50 of NDPS Act and the independent witnesses did not support

the seizure or other actions taken against the accused. Hence, this appeal.

6. Learned counsel appearing on behalf of the appellant has submitted that

despite sufficient, cogent, and reliable evidence available on record in respect

of the alleged offence, the learned Trial Court has erroneously acquitted the

respondents No. 1 to 3. It is also submitted that, as per the prosecution case,

14 kg 999 grams of ganja was seized from the possession of the accused, in

respect of which the FSL report is available on record is positive. However,

the learned Trial Court, on the basis of alleged discrepancies with regard to

the time of the offence and purported non-compliance of the mandatory

provis