2025:CGHC:50435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1819 of 2025 Heena Parveen Alias Choti W/o Wasim Khan Aged About 24 Years R/o Muslim Colony, Bandhwapara, P.S. Purani Basti, District Raipur, C.G. --- Appellant(s) versus State Of Chhattisgarh Through P.S. Purani Basti, District Raipur (C.G.) --- Respondent(s) CRA No. 1840 of 2025 Bhaktraj Ghosh Alias Raja S/o Late Jodhu Gopal Ghosh Aged About 24 Years R/o In Front Of G.A. Super Market, Bandhwapara, P.S. Purani Basti, District Raipur, C.G. ---Appellant(s) Versus State Of Chhattisgarh Through - P.S. Purani Basti, District Raipur, C.G. --- Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Appellants : Shri Akash Sahu, Advocate For Respondent/State : Ms Sunita Manikpuri, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09.10.2025 1. Though both these appeals are listed for consideration of applications for suspension of sentence and grant of bail to the appellants, but with consent of the parties, these cases are heard finally. Digitally signed by V PADMAVATHI Date: 2025.10.14 10:21:47 +0530 Cra 1819 and 1840 of 2025 2 2. These appeals are arising out of common judgment of conviction, and the same crime case, therefore, these appeals are heard and decided together. 3. Appellants being aggrieved by the common impugned judgment of conviction and order of sentence dated 25.08.2025, passed by the learned special Court (NDPS Act), Raipur, CG, in Special Sessions Trial- 9 of 2025 (annexure A1), whereby the appellants have been convicted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short, ‘NDPS Act’), and each of them sentenced to undergo RI for 3 years, with fine of Rs.25,000/- with default stipulation filed these appeals. 4. Case of the prosecution, in brief, is that on 29.12.2024, PW9- Jeevanlal Parker, Assistant Sub-Inspector, received secret information that two persons (one male and one female) were standing near Khokho Talab, Bandhwapara, Raipur, having possession of Ganja, and they are waiting there for its trafficking. Secret information was written in Roznamchasanha, independent witnesses were called, and they were informed about the secret information, and it was sent to the CSP Raipur. Necessity to search without warrant panchnama was also forwarded to the CSP, and the Police party proceeded towards the place of incident. They apprehended the accused persons, on which they disclosed their name and admitted that they are in possession of contraband Ganja. Notice under Section 50 of the NDPS Act was given to them, and their right to search has been informed. The accused persons gave their consent for search by the Investigating Officer, Police party also allowed and gave their own search to them. On being search of the bags of the accused persons, Ganja like substance was found, which was kept in packet. Cra 1819 and 1840 of 2025 3 The recovered contraband was physically identified by smelling, rubbing, and burning, and it was found to be Ganja. Panchnama of the entire proceeding was separately drawn. On being weighed, said Ganja seized from each of the appellants was of 10 kg (5 kg each). Notice under Section 67 of the BNSS, 2023 was given to the accused persons, but they have not produced any document with respect to their having possession of Ganja. Recovered Ganja was separately sealed, Dehatinalishi was recorded, and the accused persons were arrested. Seized articles were kept in safe custody of Police Station Malkhana, and FIR was registered. The inventory under Section 52 (A) of the NDPS Act was prepared by the JMFC Raipur, and samples were drawn. Sample packets were sent for their chemical examination to the FSL, Raipur, from where, FSL report was received, and Ganja contents were found in the contraband. 5. After completion of investigation, learned trial court has framed charge against the appellants for the offence under Section 20(b) of the NDPS Act. Learned trial Court has framed charge against the accused persons, they abjured their guilt, and claimed trial. 6. In order to bring home the charges against the appellants, prosecution has examined as many as 10 witnesses. Statement under Section 313 of the CrPC of the accused appellants has also been recorded in which they denied the circumstances appearing against them, pleaded innocence, and submitted that they have been falsely implicated in the offence. They pleaded that they have been arrested from their residence two days prior to the alleged incident. 7. After appreciation of oral, as well as documentary evidence produced by the prosecution, learned trial court has convicted and sentenced the appellants Cra 1819 and 1840 of 2025 4 as mentioned in the earlier part of this judgment. Hence, this appeal by the appellants. 8. Learned counsel for the appellants would submit that he is not challenging conviction of the appellants, however, he only prays for reduction of their sentence for the period already undergone by them, in view of the quantity of Ganja, as well as the period of detention, which they have already undergone. He would further submit that appellants are aged about 24 years at the time of alleged incident, and they are having numerous family responsibilities. The offence of Section 20(b)(ii)(B) of the NDPS Act does not provide any minimum sentence, and they have already undergone their sentence for above 9 months. Therefore, their sentence may be reduced for the period already undergone by them. 9. On the other hand, learned counsel for the State would oppose learned counsel for the appellants, and would submit that looking to the nature of offence, and its impact on the society at large, they are not entitled for any leniency by this Court, as the learned trial Court has already shown moderation by awarding less sentence. 10. Heard learned counsel for the parties, and perused the record of the trial Court. 11. Although learned counsel for the appellants is not challenging conviction of the appellants, however, this Court deems it appropriate to examine the evidence of the witnesses led by the prosecution with respect to conviction of the appellants. Cra 1819 and 1840 of 2025 5 12. PW9-Jeevanlal Parker, ASI, is the Investigating Officer, who stated in his evidence that on 29.12.2024, he received secret information that two persons (one male and one female) were standing near Khokho Talab, Bandhwapara, Raipur having contraband Ganja in their possession, and they were waiting for trafficking of the said contraband. It was recorded in Roznamchasanha Register, Ex.P39, and two independent witnesses Ankit Wasnik and Anurag Thakur were called through Police Constable Bhuneshwar Thakur (PW8). Independent witnesses were informed about the secret information, and a copy of the same was forwarded to the CSP, Purani Basti, Raipur, through Constable Anil Chandrakar (PW7), and its report is Ex.P42. The relevant Roznamchas are Ex.P43 and P44. Notices under Section 179 of the NDPS Act was given to the independent witnesses vide Ex.P1 and Ex.P26. Relevant Roznamchasanha are Ex.P43 and P44. He along with other Police party proceeded towards the place of incident, and their departure in writing is Ex.P47. On the spot, they apprehended the accused persons, who disclosed their names, and also disclosed that they are having possession of contraband Ganja with them in their bags. Notice under Section 179 of the BNSS, 2023 was given to the independent witnesses vide Ex.P1, and P26. They gave their consent vide document Ex.P6 and P7 that they are ready to get the search by the Investigating Officer. Police party also had their own search to the accused persons, and Talashi panchnamas Ex.P8, P9, and P10 were prepared. On being search of appellant- Heena Parveen @ Choti, Police recovered Ganja like substance from her plastic bag, and Talashi panchnama Ex.P11 was prepared. Likewise, from appellant- Bhaktraj Ghosh @ Raja, Police recovered Ganja like substance, and Talashi panchnama Ex.P12 was prepared. Recovery panchnama Ex.P13 and P14 were prepared. Seized Cra 1819 and 1840 of 2025 6 Ganja was physically identified by rubbing, smelling, and tasting, and Ex.P15 was prepared. The weighment witness PW3-Krishna Bawankar was called and the weighment apparatus was physically identified and Ex.P16 was prepared. On being weighed, quantity of Ganja recovered from each of the appellants is found to be of 5.5 kg, and weighing panchnama is Ex.P17 and Ex.P18 were prepared. Notice under Section 67 of the NDPS Act was given to the accused persons vide Ex.P48 and P49. However, they failed to produce any document with respect to their having possession of alleged substance of Ganja. Recovered Ganja was sealed, and specimen sealed panchnama Ex.P19 was prepared. Accused persons were arrested, and their arrest has been informed to their family members. Relevant panchnamas are Ex.P50, P51, P52, and P53. Dehatinalishi Ex.P54 was recorded on the spot, and after drawing spot map, Police party along with the seized articles, and the accused persons, came to the Police Station, where FIR Ex.P56 was registered. Seized contraband Ganja was kept in custody of malkhana, and obtained acknowledgment Ex.P33. Details of proceedings were intimated to the CSP, Purani Basti, Raipur, and made an application Ex.P57 before the JMFC, Raipur, for the inventory proceedings. Learned JMFC, Raipur conducted the inventory proceedings and drawn sample packets from the seized Ganja. Relevant documents with respect to the inventory proceedings are Ex.P60 and P61, and Photographs are Ex.P62 . Sample packets of S1 and S3, were sent to the FSL Raipur their chemical examination, along with memo of Superintendent of Police, Raipur and obtained its report vide Ex.P63 and P64. Cra 1819 and 1840 of 2025 7 The E-Evidence was also prepared through mobile phone of this witness, which has been kept in a pen-drive, which is Ex.P65. After completion of investigation, charge-sheet has been filed. In detail cross-examination of this witness, appellants could not extract any material so that his evidence could be disbelieved. He remain firm in saying that from possession of each of the the appellants, 5.5 kg of Ganja was recovered. 13. PW1-Ankit Wasnik, and PW2-Anurag Dhruv, are the independent witnesses, who have turned hostile. However, they admitted their signature over the documents Ex.P1 to P23. PW3-Krishna Bawankar is the weighment witness, who also turned hostile. However, he too accepted his signature on Ex.P16, P17, and P18. PW4- Reena Padamwar, who is Constable at Police Station, Purani Basti, Raipur. She was member of the search party, whosearched accused appellant Heena Parveen, @ Choti, and prepared Talashi panchnama Ex.P11. Nothing specific has come in cross-examination of this witness to disbelieve her evidence. PW5- Kaveri Chakravarti is also lady Constable posted at Purani Basti, Raipur, who has taken the sample packets of Ganja from the Police Station to the FSL Raipur, and obtained acknowledgment. PW6- Khileshwar Sahu, Malkhana Muharre, has proved safe custody of seized articles at Malkhana. Defense could not elicit any material from his evidence also, so that any tampering of seized Ganja, or its sample can be considered. PW7 Anil Chandrakar, is another constable, working at Purani Basti Police Station. He took the secret information panchnama to the office of CSP Purani Basti, Raipur. PW8 Bhuneshwar Thakur, is another Constable of Purani Basti. He called the two independent witnesses on the instance of the Investigating Officer, Jeevanlal Parker (PW9). Cra 1819 and 1840 of 2025 8 14. From evidence of all these witnesses, and on perusal of impugned judgment, it transpires that learned trial Court has meticulously examined the evidence of witnesses, the relevant law laid down by the Hon’ble Supreme Court in various matters, and after detailed discussion, convicted the appellants under Section 20(b)(ii) (B) of the NDPS Act, in which this Court is also with agreement with respect to finding recorded by the learned trial Court, holding guilty of the appellants for the alleged offence, and thereby, their conviction for the alleged offence punishable under Section 20(b)(ii)(B) of the NDPS Act is affirmed. 15. So far as sentence part is concerned, the submissions made by learned counsel for the appellants that appellants were aged about 24 years of age at the time when the offence is alleged to have been committed, were having various family responsibilities, there is no minimum sentence provided for the said Section, and the appellants have already undergone more than nine months of their sentence, and therefore, prayer of learned counsel for the appellants for reduction of sentence for the period already undergone by them, is appealing to this Court. 16. Hon’ble Supreme court in the matter of Mohammad Giasuddin Vs State of Andhra Pradesh, (1977) 3 SCC 287, it has been observed by the Hon’ble Supreme Court as under: “9. Western jurisdiction and 'sociologists, from their own angle have struck a like note. Sir Samual Romilly, critical of the brutal penalties in the then Britain, said in 1817 : "The laws of England are written in blood". Alfieri has suggested : 'society prepares the crime, the criminal commits it. George Micodotis, Director of Criminological Research Cra 1819 and 1840 of 2025 9 Centre, Athens, Greece, maintains that 'Crime is the result of the lack of the right kind of education.' It is thus plain that crime is a pathological aberration, that the criminal can ordinarily be redeemed, that the State has to rehabilitate rather than avenge. The sub-culture that leads to anti-social behaviour has to be countered not by undue cruelty but by re-culturisation. Therefore, the focus of interest in penology is the individual, and goal is salvaging him for society. The infliction of harsh and savage punishment is thus a relic of past and regressive times. The human today views sentencing as a process of reshaping a person who has deteriorated into criminality and the modern community has a primary stake in the rehabilitation of the offender as a means of social defense. We, therefore consider a therapeutic, rather than an in 'terrorem' outlook, should prevail in our criminal courts, since brutal incarceration of the person merely produces laceration of his mind. In the words of George Bernard Shaw : 'If you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries'. We may permit ourselves the liberty to quote from Judge Sir Jeoffrey Streatfield : 'If you are going to have anything to do with the criminal courts, you should see for yourself the conditions under which prisoners serve their sentences.” 17. Considering the facts and circumstances of the case, quantity of Ganja, and also socio-economic condition of the appellants, and further considering their detention period, and the law laid down by the Hon’ble Supreme Court in Giasuddin (supra) case, this Court is of the opinion that ends of justice would meet if the sentence awarded to the appellants is reduced for the period already undergone by them. Cra 1819 and 1840 of 2025 10 18. In the result, while maintaining the conviction of the appellants for the offence under Section 20(b)(ii)(B) of the NDPS Act, their sentence is reduced for the period already undergone by them. The fine sentence, as well as the default stipulation awarded by the learned trial Court shall remain intact. 19. Appellants are reported to be in jail since 29.12.2024, and they be released forthwith, if not required in any other case, subject to compliance of fine sentence, and default stipulation. 20. With aforementioned reduction/modification of sentence, both these appeals are partly allowed. 21. Record of trial court along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. Sd/- (Ravindra Kumar Agrawal) JUDGE padma