1 2025:CGHC:7577 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 125 of 2025 Kumari Nikita Thakur D/o Mangalram Thakur Aged About 25 Years R/o Village Bhadsena, Post And P.S. Ambargarh Chowki, District Mohla - Manpur Chhattisgarh. Present R/o House No. 70, Ward No. 2, Killapara, Dongargaon, P.S. Dongargaon, District Rajnandgaon Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through P.S. Utai, District Durg Chhattisgarh. ... Respondent ---------------------------------------------------------------------------------------------- For Appellant : Ms. Aditi Singhvi, Advocate For Respondent : Mr. Karan Kumar Bharani, Panel Lawyer Hon’ble Shri Arvind Kumar Verma Order on Board 12.02.2025 1. This criminal appeal has been preferred by the appellant under Section415(2) of Bhartiya Nagrik Suraksha Sanhita, 2023 being aggrieved with the judgment of conviction and order of sentence dated 14.11.2024 passed by Special Sessions Judge (NDPS Act), Durg, District Durg (C.G.) in Special Case (NDPS) No. 50/2023, whereby the trial Court has convicted the appellant as under : Conviction Sentence Under Section 20(b)(II)(B) Rigorous Imprisonment for 08 years and fine of Rs. 50,000/- in default of payment of fine additional rigorous imprisonment for 03 months. 2 2. According to the case of prosecution, on 18.08.2023 Deputy Superintendent of Police of Utai Police Station on receiving information from an informer that the appellant is about to go to her home in Dongargaon fromm Raipr by road, carrying ganja in a large brown bag for illegal selling in a Maestro Vehicle bearing registration no. CG 07 BX 7122. On the information received, a search was conducted and narcotic substance ganja was found inside the big brown colored bag in the middle portion of the vehicle and along with it a cash of Rs. 1,750/- was also found with her. Search panchnama Ex. P/18 was prepared. Thereafter, the ganja was taken out, mixed and blended and panchnama Ex. P/23 was prepared. The total weight of the drug ganja recovered from the possession of the accused was 9kg and 450 grams and the weight along with the bag was 10kg 580 grms. The said ganja was seized as per the seizure sheet Ex. P/24. The accused was arrested and FIR was registered under Section 20(B0 of NDPS Act. The seized narcotic substance was handed over to the malkhana mohrir. After the inventory proceedings and sample packets were prepared, the sample packets nd the remaining goods were again deposited in the Malkhana. The samples were sent for the FSL and the FSL report was positive. After investigation, charge sheet was presented and 3 sufficient evidence was found against the accused appellant. 3. To prove the guilt of the appellant, the prosecution has examined as many as 12 witnesses. Statements of the appellants were recorded under Section 313 of the Cr.P.C., wherein appellants pleaded innocence and false implication in the matter. After completion of trial, the trial Court convicted and sentenced the appellants as mentioned in paragraph one of this judgment. Hence, this appeal. 4. Learned counsel for the appellant submits that the impugned judgment of conviction and sentence is bad in law and in fact liable to be set aside. She submitted that the independent witness for all the proceedings have turned hostile. The investigation agency have failed to comply with the provisions of Section 42, 55 and 57 of NDPS Act, 1985.There is clear violation of Section 50 of the said act. Hence she pleads to set aside the impugned judgment of conviction and sentence dated 14.11.2024 in Special Case NDPS No. 50/2023. 5. Per contra, learned counsel for the State/respondent opposes the argument raised by counsel for the appellants, supported the impugned judgment and submits that sentence awarded by the trial Court is just and proper and requires no interference. 6. I have heard learned counsel appearing on behalf of the 4 parties and perused the material available on record with utmost circumspection. 7. The case has been investigated and on conduct search operation, total 9.450 kg of intoxicating substance Ganja has been recovered from two wheeler Maestro bearing CG 07 BX 7122 of the appellant. In this case, the prosecution has complied with the provisions of Section 42 of the NDPS Act. Learned counsel for the appellant contended that the Investigating Officer did not comply with provisions of Section 50 of the NDPS Act. I have gone through the provisions of Section 50 of the NDPS Act provides for personal search of the person. In this case, the contraband Ganja was not recovered from the personal search of the appellant. However, the contraband Ganja was recovered from the above mentioned two wheeler which was in exclusive possession of the appellant, therefore, Section 50 of NDPS Act does not attract. The samples of seized contraband Ganja were sent to the Regional Forensic Science Laboratory, the samples of seized Ganja has been found positive. 8. Considering the above facts and circumstances of the case, particularly, considering the fact that the contraband Ganja seized from the possession of the appellants is 9.450 kg grams in total which is less than the commercial quantity and 5 further considering that she is a lady of just 25 years and have no criminal antecedent, I am of the considered opinion that the ends of justice would be met if, while upholding the conviction imposed upon them, the jail sentence awarded to her is reduced one year only keeping the fine amount intact. If the fine amount is not deposited by the appellants, she shall further undergo as has been ordered by the learned Special Sessions Judge (NDPS Act), Durg, District Durg (C.G.) in Special Case NDPS No. 50/2023. 9. Ordered accordingly. 10. Records of the Court below be sent back along with a copy of this order forthwith for information and necessary compliance. sd/- Alfiza (Arvind Kumar Verma) Judge