1 2025:CGHC:3618 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 233 of 2025 Mandeep Sharma S/o Satveer Sharma Aged About 34 Years R/o Milgor, Aman Nagar, Hisar, Ps City Kotwali, Hisar Haryana ... Petitioner versus State Of Chhattisgarh Through The District Magistrate, Raipur Chhattisgarh ... Respondent ---------------------------------------------------------------------------------------------- For Petitioner : Mr. N. Naha Roy, Advocate For State : Ms. Vaishali Mahilong, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 21.01.2025 1. The petitioner through the present criminal miscellaneous petition challenges the order dated 31.12.2024 passed by the learned Special Judge (NDPS), Raipur Chhattisgarh in Special case no. 44/2018 (Annexure P/1) for the offence under section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The matter in nutshell is that the case was fixed for examination of the Investigating Officer on 11.09.2024, however, the same being not able to be completed by the prosecution was again fixed on 11.11.2024, when the IO in the course of his examination-in-chief presented the Mukhbir Suchna Panchnama before the Learned Trial Court for the first time ever with a reasoning that the same had been left to be presented earlier on account of remaining attached with the case diary. The learned Trial court accepted the 2 reasoning so given and was pleased to take such document on record of the case and permitted the same to be marked as Ex. P/54. 3. Learned counsel for the petitioner would submit that the Learned Trial Court utterly failed to appreciated that the copy of the japti maal register having not been enclosed with the charge-sheet filed six years earlier could all of a sudden not be produced in the manner as has been done in the case. 4. I have heard learned counsel for the petitioner and perused the record with utmost circumspection. 5. Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 gives court the power to impound documents or items presented before them. The court can use this power at its discretion. Meaning thereby, a court can impound a document or item if it deems it necessary. 6. Hence after making a detailed perusal, this court is of the considered opinion that the Trial Court has not committed any error or illegality while passing the said order. Therefore, this present petition deserves to be and is hereby dismissed. 7. The case is pending since 2018, and considering the limited grievance of the petitioner, it is directed to make all endeavors to conclude the proceedings pending before it as early as possible. 8. Accordingly with the aforesaid direction,the present petition is disposed of. sd/- (Arvind Kumar Verma) Judge alfiza