1 / 8 2025:CGHC:13794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2123 of 2024 1 - Ashok Mandal S/o Sharad Mandal Aged About 45 Years R/o Bhagwanpur, Subhashnagar, Police Station Gandhinagar, District- Sarguja, Chhattisgarh. ... Appellant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Police Station-Jainagar, District- Surajpur, Chhattisgarh. ---Respondent For Petitioner : Mr. Pushkar Sinha, Advocate For Respondent : Mr. Karan Bahrani, P.L. Hon'ble Shri Justice Arvind Kumar Verma, Order on Board 22 . 03 .202 5 1. This criminal appeal has been filed under Section 415(2) of B.N.S.S. by the appellant against the judgment of conviction and order of sen- tence dated 18.10.2024 passed by the learned Special Judge (N.D.P.S. Act) Surajpur, District Surajpur (C.G.), in Special Criminal No. 58/2022, whereby the appellant has been convicted and sen- tenced as follows:- Convicted under Sections Sentenced to 20(C) of N.D.P.S. Act, 1985 R.I. for 10 years with fine of Rs. 1,00,000/- and in default of payment of fine, additional R.I. for 02 months 2. The prosecution case, in brief, is that on 10.12.2022, at 11:05 am, Sub Inspector Dinesh Rajwade of Police Station Jainagar received a secret information from informant that one person has kept psychotropic sub- 2 / 8 stance in his Jupiter Scooty near village Parwatipur , at N.H. 43, Sura- jpur and he was searching for customer for selling injections, at that time police conducted raid and seized T-Jesic Injection 02 ml total 19 nos. & Avil Injection 10 ml total injection and upon memorandum of ap- pellant, he had been arrested. Thereafter conducted the investigation and charge-sheet has been filed against the appellant/accused. 3. The learned Special Judge (N.D.P.S.), Act, Surajpur, District Surajpur (C.G.), after appreciating oral and documentary evidence available on record vide judgment dated 18.10.2024, convicted the appellant for the offence punishable under Section 20(C ) of the N.D.P.S. and sen- tenced him as mentioned in opening paragraph of this order. 4. Main contention of the learned counsel for the appellant is that after re- ceiving the information, Investigating OfÏcer has reached to spot place after a delay of four hours. He further submits that in Malkhana Regis- ter, when the seizure articles have been kept then it has been men- tioned as 13 Numbers of Jesic injection whereas it has been men- tioned by the investigation ofÏcer that 19 no. of T-Jesic injection has been seized and further no F.S.L. report has been submitted by the prosecution about the seized articles. During the sampling procedure for the seized articles, different quantities have been mentioned which itself shows the malice intention of the police authority. The psy- chotropic substance (injections) was not seized from the exclusive possession of appellant and mandatory provision under Section 42, 50, 52 (A) of NDPS Act has not been followed by the police. Thus, the appellant is innocent person and has falsely been implicated in the aforesaid case and the mandatory provisions have not been followed by the prosecution. The judgment of the Trial Court is bad in law as well as on facts. The learned Trial Court ought not to have convicted and sentenced the appellants and ought to have given the benefit of 3 / 8 doubt since the evidence submitted by the prosecution is very shaky and unbelievable. The Trial Court failed to appreciate the evidence and documents available on record. Learned counsel for appellant submits that judgment and conviction dated 18.10.2024 passed in Special Criminal Case No. 58/2022 may be set aside. 5. Mr. Karan Bahrani, learned Panel Lawyer appearing for the respon- dent/State, submits that the Trial Court has rightly convicted and sen- tenced the appellants, in which no interference is called for. 6. I have heard learned counsel for the parties, considered their rival sub- missions made hereinabove and also went through the records with ut- most circumspection. 7. PW-08 Dinesh Rajwade, who is sub-inspector of police has stated in his evidence that on 10.10. 2022 at around 11:05 am, he received se- cret information from Mukhbir that one person has kept psychotropic substance in his jupiter scooty near village Parwatipur passenger wait- ing, at NH 43, Surajpur and he was searching for customer for selling injections. He recorded the said information in rojnamcha sanha No. 19 dated 10.10.2022 and the said rojnamcha is Ex.P-35. He called the independent witnesses. The witnesses were apprises about the se- crete information and panchnama Ex.P-2 was prepared. The secret information panchnama, necessary to search without warrant panchnama were forwarded to the city Superintendent of Police Surajpur through Constable Ram Prasad Singh. The sending of said panchnama was recorded in rojnamcha sanha Ex.-P/15. There- after they proceeded towards place of incident along with the police party and their departure has also been recorded in rojnamcha sanha No. 22 which is Ex.-P/28. When they reached near Parvatipur in front of NH 43, they found a person was seen near parvatipur passenger waiting room with a green jupiter scooter bearing Number CG-15-DC- 4 / 8 9575. When he was surrounded, caught and questioned, he disclosed his name as Ashok Mandal and told that he is having narcotic injec- tions in a black plastic foil which was kept under the seat of the Jupiter. He was informed about the secret information and panchnama Ex.-P/2 was prepared. The notice under Section 50 of the NDPS Act has also been given to him Ex.-P/4. On being search of the appellant, 26 pieces of Evil Injection and 19 pieces of T-Jesic Injection were recovered from the appellant which was kept under the seat of Jupiter Scooter. The notice under Section 91 of the Cr.P.C. was also given to the appellant. Search panchnama was prepared in this regard which is Ex.P-8. 10- 10 samples were separated from the injections recovered from the suspect and was physically verified by its rubbing, smelling and crush- ing and identified it as narcotic substance and physical verification panchnama Ex.-P/16 was prepared. A recovery panchnama was pre- pared i.e. Ex.P-9. He also stated in his evidence that 26 pieces of Evil Injection and 19 pieces of T-Jesic injection seized from the accused which were kept in a sealed condition on the spot. The seal panch- nama is Ex.P-10 and the same has been kept in a sealed condition in the Malkhana i.e. Ex.P-21. 8. PW-10, Ankita Tiwari, Nayab Tehsildar stated in her evidence that she had received a complainant from the police station Jayanagar for the purity and authentication of the sample of the seized medicine, which is Ex.P-38. On the said complaint, she appeared at Police station Jayanangar on 12.10.2022. The seized property was presented before her in a sealed condition after taking it out from the Malkhana of Police Station Jayanagar. When the injection was presented, its seal was un- sealed in her presence, in which 26 pieces of Evil Injection and 19 pieces of T-Jesic Injection were found. In her presence, a list of the seized narcotic drugs and psychotropic substances were prepared 5 / 8 which is Ex.P-39. She has also stated in her evidence that out of the in- jections presented before her, 05-05 pieces of Evil and T-Jesic injec- tions were taken out as representative samples and the remaining in- jection were sealed separately. In this regard, a list of samples was prepared vide (Ex.P40). The samples have been sent for FSL ofÏce Ambikapur and after FSL, a report was received vide Ex.P46. 9. A perusal of Exhibit P-46 shows that the samples which were taken out from the injections were examined by the Senior Scientific OfÏcer and were found to contain pheniramine meleate and buprenorphine. In the list prepared for narcotic drugs and psychotropic substances, drug containing buprenorphine has been notified as a banned drug in the said list. Notification has been issued regarding small quantity or com- mercial quantity of notified substances and the quantity has been de- termined as per the said notification. The crime has been classified on the basis of quantity. In the said list, Buprenorphine is shown at serial number 169 and one gram is shown as small quantity and 20 grams as commercial quantity in the said list. 19 pieces of T-Jesic injection have been seized from the suspect. Each T-Jesic Injection is of 02 ml. Thus the total quantity of T-Jesic injection is 38 ml which is more than 20 grams. Thus, the narcotic injection seized from the suspect contains Buprenorphine whose quantity is more than 20 grams. Therefore, there is compliance of Section 42(2), 52(2), 55 and 57 of NDPS Act. 10.From perusal of the evidence, it transpires that on 10.10.2022 at 11:00 am, Sub Inspector Dinesh Rajwade of Police Station Jainagar re- ceived secret information from informant that one person has kept psy- chotropic substance in his jupiter scooty near village Parwatipur pas- senger waiting, at NH 43, Surajpur and he was searching for customer for selling injections. At that time I.O. and other police ofÏcers have recorded information in writing and sent to the immediate Superior 6 / 8 Gadget OfÏcer within 72 Hours and when for conducting the raid, where, T-Jesic Injection 02 ml total 19 numbers & Avil Injection 10 ml total 26 numbers have been seized from the exclusive possession of scooty of the appellant. Thereafter, the appellant has been arrested under Section 20 (C ) of the NDPS Act, thereafter, I.O. has conducted the investigation and filed the charge-sheet against the appellant/ac- cused. 11. As regards the main contention of the learned counsel for appellant that after receiving the information I.O. has reached to spot with a four hours delay. Undoubtedly, delay has been occurred by the Investigat- ing OfÏcers, however on perusal of record, it is found that there is no colorful story and undoubtedly, psychotropic substance has been seized from the possession of the appellant, therefore the same cannot be rebutted only on the ground of delay occurred by him. There is no previous enmity between the I.O. and accused/appellant. 12.In the present case the entire search and seizure proceeding have been found genuine and correct procedure have been drawn by the police persons when the police persons on secret information went on the spot, he found on the spot, he found the appellant along with his scooty in which psychotropic substance was kept in total 19 injections which were seized by police under the procedure and provisions of NDPS Act. Its weighe and sampling were proved by the Executive Magistrate/Tahsildar and nothing adverse could be found to disbelive the evidence of the prosecution witnesses and it is found proved that the appellant was found in possession of such a huge quantity of 38 ml of T-jesic Injections. The appellant did not able to impute any palpable to make good his case that there has been non-compliance of any mandatory provisions of the NDPS Act. 7 / 8 13.There is no material available on record so as to arrive at finding that the accused has been falsely implicated in the case. Section 21 (C ) of the NDPS Act provides that whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punish- able. In the present case the appellant was found in possession of 38 ml of T-jesic Injection in his possession. It clearly proves that the ap- pellant has committed the offence in question. He could not given any suggestion as to how that huge quantity of psychotropic substance came to be found in his possession. 14.The FSL report Ex.-P/46 further proves that the sample packets of T- Jesic Injections which were drawn from the total quantity of the injec- tions were found to be contained with pheniramine meleate and buprenorphine contents and in the list prepared for narcotic drugs and psychotropic substances, drug containing buprenorphine has been no- tified as a banned drug in the said list, which further corroborates the allegation against the appellant. 15. This Court is of the considered view that the commercial quantity as has been mentioned in the notification is 20 Gram and the quantity re- ceived from the appellant is 38 ml of T-Jesic Injection which is more than 20 grams, therefore, it is crystal clear that the commercial quantity has been found from the exclusive possession of the appellant. As such the prosecution has established his case beyond reasonable doubt against the appellant. Therefore, learned trial Court has rightly con- victed the appellant under Section 21 (C) of NDPS in Special Criminal Case No 58/2022. Therefore, there is no need for interference in the finding recorded by the Special Judge. 8 / 8 16. So far as sentence 10 years of R.I. with fine of Rs. 1,00,000/-, awarded by the trial Court is concerned, it is a minimum punishment prescribed under the Act, therefore there is no need for interference on the sen- tence part also. 17. With the aforesaid observations, the criminal appeal is dismissed. 18. Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compli- ance. Sd/- (Arvind Kumar Verma ) Judge Jyoti