1 2025:CGHC:29068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 310 of 2016 Laikhan Thakur S/o Jaidev Thakur Aged About 35 Years R/o Mawliguda Minjpara, Police Station Bhanpuri, District Bastar Chhattisgarh. , Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kondagaon, District Kondagaon Chhattisgarh. , Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Kishore Narayan, Advocate For Respondent/State : Ms. Isha Jajodiya, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Bibhu Datta Guru, Judge 30.06.2025 1. Heard Shri Kishore Narayan, learned counsel for the appellant. Also heard Ms. Isha Jajodiya, learned Panel Lawyer, appearing for the State/respondent. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.01 23:23:42 +0530 2 2. This Criminal appeal is preferred against the judgment and order dated 23.12.2015 passed by the learned Special Judge (NDPS Act) Kondagaon, Disrict Kondagaon (C.G.) in Special Case No. 16/2023, whereby the appellant has been convicted and sentenced for the offence punishable under Section 20 (B) (ii-B) of Narcotic Durgs and Psychotropic Substance Act, 1985 (for short, ‘NDPS’) and sentenced him to undergo rigoruous imprisonment for 7 years with fine of Rs. 50,000/- and in default of payment of fine amount additional rigorous imprisonment for 2 years. 3. The case of the prosecution in brief is that on 02.03.2013 at 09:30 A.M. the Police Station Kondagaon received a secret information to the effect that two persons clad in full shirt and T-shirts are carrying ganja in a plastic bag. It is alleged that the police formed a trap to arrest the above persons at Dahikonga Chowk and when the above persons saw the police persons they started running away, however they were caught by the police person and 15 kgs of ganja was recovered from their possession. Thereafter crime No. 40/2013 was registered against the appellant for the offence punishable under Section 20 (b) (ii-B) of NDPS Act. Subsequently, an FIR was lodged. After completion of investigation, a charge-sheet was filed against the appellant. 4. In order to bring home the offence, the prosecution has examined 07 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein they have pleaded their innocence and false implication in the matter. 5. The trial Court after appreciating oral and documentary evidence 3 available on record, by its judgment dated 29/02/2016 has acquitted accused Chabbilal from the charges framed against him, however, the appellant has been convicted and sentenced as mentioned in paragraph two of this judgment. Hence, this appeal. 6. Mr. Shai Kishore Narayan, learned counsel submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the sentence part thereof only. According to the him, the incident is said to have taken place in the year 2013 and thereby about 12 years have rolled by since then. The appellant has already remained in jail for about 4 years 2 months, he has no criminal antecedent, therefore, in the interest of justice,it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him. 7. Per Contra, Ms. Isha Jajodia, learned Panel Lawyer supported the impugned judgment and opposed the arguments advanced on behalf of the appellant. 8. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 9. Having gone through the material available on record and the evidence of the witnesses Parmeshwar Sahu (PW1), Maharam Chirendra (PW2), Punaram Thakur (PW3), Md. Ashraf Khan (PW4), Kishore Patel (PW5), Pitambar Kathar (PW6) and Govindram Kurana (PW7) establish the involvement of the appellant in the crime in question beyond reasonable 4 doubt. Thus, considering the oral and documentary evidence on record the seizure of Contraband Ganja from the possession of the accused/appellant which was subsequently found to be Ganja as per FSL report vide Ex. P-32, this Court does not see any illegality in the findings recorded by the trial Court as regards conviction of the appellant under Section 20(b)-ii(B) of Narcotic Drugs and Psychotropic Substances Act. 10. In the instant case, the appellant has remained in jail for about 4 years and 2 months, considering the facts and circumstances of the case and also considering the fact that the offence was committed in the year 2013 i.e. about more than 12 years have elapsed and at present the appellant is aged about more than 45 years, this court & of the opinion that the ends of justice would be served if he is sentenced to the period already undergone by him while keeping the fine amount with default stipulation as imposed by the Trial Court intact. 11. In the result, the appeal is allowed in part. While maintaining the conviction of the appellant under Section 20(b)-ii(B) of the NDPS Act, his jail sentence is reduced to the period already undergone by him. However, the fine amount of Rs. 50,000/- with default stipulation imposed by the trial Court shall remain intact. The amount of Rs. 25,000/- deposited by the appellant pursuant to the interim order of this Court shall be adjusted in the fine amount. 12. The appellant is reported to be on bail. His bail bond is not discharged at this stage and the bonds shall remain operative for a period of six months in view of Section 481 of the BNSS. 5 13. The trial court record along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. Sd/- (BIBHU DATTA GURU) JUDGE Shoaib