Nafr High Court
Case Details
1 2025:CGHC:37273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No.2006 of 2024 1. Mukesh Sahu, S/o Purushottam Sahu, Aged About 44 Years, R/o Katra Mohalla Ward No. 4, Sihaura, Police Station Sihaura, District Jabalpur, Madhya Pradesh. 2. Satish Burman, S/o Late Punnulal Burman, Aged About 26 Years, R/o Kankali Mohalla, Ward No.3, Sihaura, Police Station Sihaura, District Jabalpur, Madhya Pradesh. --- Appellants versus • State Of Chhattisgarh, Through The Station House Officer, Police Station Torwa, District Bilaspur, Chhattisgarh. --- Respondents AND CRA No. 309 of 2025 • Vishal Rajak, S/o Pappu Rajak, Aged About 19 Years, R/o Kajarwara Purani Basti Jabalpur, Ward No.66, P.S. Gora Bazar, District Jabalpur (M.P.). --- Appellant Versus • The State Of Chhattisgarh, Through P.S. Aarakshi Kendra Torwa, District Bilaspur, Chhattisgarh. (Cause title taken from Case Information System) --- Respondent For Appellants in CRA No.2006/2024 For Appellant in CRA No.309/2025 For State/Respondent
Legal Reasoning
: Mr. Amitesh Kumar Pandey, Advocate. : Mr. Anuj Singh Thakur, Advocate. : Mr. Sanjeev Kumar Pandey, Deputy A.G. DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal 30/07/2025 Order on Board 1. 2. Since both the appeals arise out of common judgment of conviction and order of sentence, therefore, the same have been clubbed together, heard together and are being disposed of by a common order. The present appeals under Section 415 (2) of BNSS, 2023 have been filed challenging the judgment of conviction and order of sentence dated 24.10.2024 passed by learned Special Judge (NDPS Act), Bilaspur (C.G.) in Special Session (NDPS) Case No.99/2023, whereby all the appellants have been convicted under Section 20 (b) (ii-B) of the NDPS Act and sentenced to undergo RI for 7 years with fine of Rs.50,000/- and in default of payment of fine, 3 month’s additional RI. 3. The case of prosecution, in short, is that on 10/07/2023, S.I Kuldeep Singh of the Railway Protection Force Post, Bilaspur received information from an informer that three individuals wearing blue, green, and white T-shirts were in possession of three bags containing narcotic substance, Ganja and were looking for customers to sell it near the Bilaspur Railway Station, City Bus Stand behind the Mandal Rakhad and Salary Office, W.P.M Railway. To verify the information, Sub Inspector Kuldeep Singh along with staff members and witnesses Israel Khan and Sanjay Sahu proceeded with necessary materials, investigation kits and documents in patrol vehicle number C.G.10 A.S./4600 to the incident location near the Bilaspur Railway Station. They cordoned off the area and apprehended the three individuals. 3 Upon interrogation, they identified themselves as Mukesh Sahu, Satish Barman, and Vishal Rajak i.e. the appellants. In compliance with the NDPS Act, action was taken against the accused. From the possession of accused Mukesh Sahu, 2 kilograms of narcotic substance, Ganja, wrapped in a sealed white cloth, was recovered and marked as Exhibit A. From the possession of accused Satish Barman, 2 kilograms of Ganja wrapped in a sealed white cloth was recovered and marked as Exhibit B. From the possession of accused Vishal Rajak, 1 kilogram and 980 grams of Ganja, wrapped in a sealed white cloth was recovered and marked as Exhibit C. After investigation, charge sheet was filed. So as to hold the appellant guilty, the prosecution has examined as many as 10 witnesses and exhibited 57 documents. The statement of the appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case. The trial Court taking into consideration the evidences which have come on record vide impugned judgment dated 24.10.2024 found the appellants guilty for the offence punishable under Section 20 (b) (ii-B) of NDPS Act and accordingly convicted and sentenced them under the said section, as mentioned in paragraph-2 of this judgment. Learned counsel for the respective appellants jointly submit that they are not pressing these appeals so far as the same relate to the conviction part of the judgment and would confine their argument to the sentence part thereof only. The maximum sentence imposed upon the appellants is 7 years, out of which the appellants have already served the jail sentence for more than 11 months. Hence, considering 4. 5. 6. 4 all theses facts, the sentence imposed upon the appellants may be reduced to the period already undergone by them. 7. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellants and submits that there are three criminal antecedents against Mukesh Sahu and seven criminal antecedents against Vishal Rajak, but the said antecedents are not under the 8. 9. NDPS Act. Heard learned counsel for the parties and perused the record. Having gone through the material available on record and the statements of Sub Inspector Kuldeep Singh (PW-10), independent witnesses Israil Khan (PW-1) and Sanjay Sahu (PW-4) and other prosecution witnesses Smt. Ragini Dhruw (PW-2), Prahlad Sahu (PW- 3), ASI Videshi Ram Sahu (PW-8) and the proceedings conducted by the Investigating Officer Kuldeep Singh (PW-10), the involvement of the appellants in the crime in question is clearly established and the FSL report marked as Ex.P/89 is positive, as such this Court does not find any illegality in the findings recorded by the Trial Court as regards conviction of the appellants for the offence punishable under Section 20(b) (ii-B) of the NDPS Act. 10. As regards sentence, keeping in view the fact that the maximum sentence imposed upon the appellants is 7 years, out of which the appellants have already served the jail sentence for more than 11 months, the appellant Vishal Rajak and the appellant Satish Burman are young boys, aged about 20-25 years, whereas the appellant Mukesh Sahu is aged about 45 years and further considering the quantity of contraband article ‘Ganja’ seized from the possession of the 5 appellants, this Court is of the opinion that the ends of justice would served if the appellants are sentenced to the period already undergone by them. 11. Accordingly, the conviction of the appellants under Section 20 (b) (ii-B) of the NDPS Act is maintained, but their jail sentence is reduced to the period already undergone by them. However, the fine imposed upon the appellants by the Trial Court is reduced from Rs.50,000/- to Rs.10,000/- which will be paid by each of the appellants. Consequently, both the appeals are allowed in part to the extent indicated herein-above. The appellants are reported to be in jail. They shall be released forthwith, if they are not required to be detained in default of the payment of the fine amount. Record of the trial Court along with a copy of this judgment be sent back forthwith for compliance and necessary action, if any. 12. 13. 14. Sd/- (Sanjay Kumar Jaiswal) Judge