1 2025:CGHC:55341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1005 of 2025  Pukhraj Singh Chandel S/o Birsingh Chandel Aged About 55 Years R/o Tulsipur Near Railway Kuwa, Thana Kotwali, Tehsil And District - Rajnandgaon Chhattisgarh ... Petitioner(s) versus  State Of Chhattisgarh Through Aarakshi Kendra - Kotwali, District Rajnandgaon Chhattisgarh ---- Respondent For Applicant : Mr. T.K. Jha, Advocate For State : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13.11.2025 1. By way of the instant criminal revision, the applicant being aggrieved by the judgment dated 05.08.2025 (Annexure P/1) passed by the learned Special Judge (NDPS) Rajnandgaon (C.G.), whereby the application of applicant for return of his cash amount and ornaments has been denied, which were ordered to be returned to applicant after expiry of period of appeal by the special judge vide acquitting the applicant in special case No. 6/2022 dated 24.04.2025. 2. Learned counsel for the applicant submits that the applicant stood 2 for the offence punishable under section 20 (b) (ii) (c) NDPS act 1985 before the special judge (NDPS) Rajnandgaon. After trial the learned special Judge acquitted the applicant from the charge of sec. 20 (b) (ii) (c) NDPS act 1985 vide Judgement dated 24.04.2025. 3. Learned counsel for the applicant further submits that the learned special judge while acquitting the applicant, passed order of disposal of property in para 53 i.e. "The seized case amount of Rupees 12,48,400 (twelve Lac forty-eight thousand four hundred) and golden chain weighing 235.800 gram and one piece of golden Bracelet weighing 321.00 gram should be returned to be accused after expiry of period of appeal." 4. Learned counsel for the applicant further submits that after the expiry of period of appeal, the applicant filed an application on 25.07.2025 for return of property as per the direction of special court in the judgement dated 24.04.2025. The leaned special judge rejected the application saying that the prosecution has sent the file for filing appeal to district magistrate Rajnandgaon vide memo dated 04.06.2025. The rejection order dated 05.08.2025 is illegal, hence this petition. 5. Learned State Counsel submits that appeal may be filed by the prosecution but he admitted that till date no appeal filed by the State. 6. I have heard learned counsel for the parties and perused the records with utmost circumspection. 7. Vide order dated 16.10.2025, this Court had directed the Registry to 3 submit a report with respect to the appeal filed by the State/Complainant, if any. 8. OfÏce report shows that no criminal appeal is filed against the Judgment passed by the trial Court dated 24.04.2025 in special case No. 6/2022. 9. In view of the undisputed position that the applicant was acquitted by judgment dated 24.04.2025 and the trial Court itself directed to return of the seized cash and ornaments after expiry of the appeal period, coupled with the fact that no appeal has been filed by the State as confirmed by the ofÏce report. The refusal of the learned Special Judge to release the property on the ground of a mere proposal for appeal is wholly unsustainable. Once the statutory period of limitation for filing appeal has lapsed and no appeal has been preferred, the applicant becomes entitled to release of the seized articles in terms of the trial Court’s own directions. Consequently, the impugned order dated 05.08.2025 is set aside, and It is directed to forthwith release the seized cash amount of ₹12,48,400/–, the golden chain weighing 235.800 grams, and the golden bracelet weighing 321.00 grams to the applicant, after due verification of identity and compliance of formalities 10. Accordingly, Criminal Revision stands allowed. Sd/- (Arvind Kumar Verma) Judge Jyoti