1 2025:CGHC:58838 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1897 of 2025 1 - Hasim Sheikh S/o Late Khalil Sheikh Aged About 37 Years R/o Motibag Chowk, Infront Of Union Club, Gupta Building, P.S. Gol Bazar, Raipur, District Raipur Chhattisgarh 2 - Sheikh Javed S/o Sheikh Shahabuddin Aged About 38 Years R/o Sanjay Nagar, Near Hanuman Mandir, P.S. Tikrapara, Raipur, District Raipur Chhattisgarh At Present R/o Motibag Chowk, Infront Of Union Club, Gupta Building, P.S. Gol Bazar, Raipur, District Raipur Chhattisgarh … Appellants versus State Of Chhattisgarh Through P.S. Gol Bazar, Raipur, District Raipur Chhattisgarh --- Respondent ___________________________________________________________ For Appellants : Mr. Bhaskar Payashi, Advocate For State/Respondent : Ms. Laxmeen Kashyap, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 04/12/2025 1. With the consent of counsel for the parties, the matter is heard finally. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.12.05 12:18:15 +0530 2 2. The instant appeal has been preferred by the appellants/accused being aggrieved with the judgment of conviction and sentence dated 05.07.2025 passed in NDPS Case No.198/2021 (Annexure A/1) by the Special Judge (NDPS Act), Raipur, District Raipur (C.G.), whereby the trial Court has convicted and sentenced the appellants as under : Conviction Sentence Under Section 20(b)(ii)(B) of the NDPS Act, 1985 R.I. for 04 years with fine amount of Rs.40,000/-, in default of payment of fine amount, additional RI for 04 months (each appellant) 3. Case of prosecution in brief is that on 28.11.2021, Sub-Inspector Kamal Singh Sengar of Police Station Gol Bazar received information from an informant that two boys named Hasim Sheikh and Sheikh Javed, living in Gupta Building, near Union Club at Motibag Chowk, were illegally selling narcotic substance Ganja by keeping it in their possession. He recorded the said information in the daily diary number 41 maintained in the police station and sent Constable number 15423 Mohit Tandon to summon two independent witnesses. He summoned Jitu Kurre and Prakash Hasija to the police station. They were introduced through informant information and by giving them notice under Section 160 of the Code of Criminal Procedure, their consent was obtained for the raid. Sub-Inspector Kamal Singh Sengar 3 thereafter prepared a report on the basis of his belief regarding conducting the raid without obtaining a search warrant and the said report and informant information panchnama were prepared. It was sent by post to the CSP Kotwali through constable number 1904 Gokul Sahu, who on returning, handed over the said post to the CSP's reader as he was absent from the office and received the acknowledgment. 4. To prove the guilt of the appellants, 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. 5. After completion of trial, the trial Court convicted and sentenced the appellants as mentioned in paragraph 02 of this judgment. Hence, this appeal. 6. Learned counsel appearing on behalf of the appellants submits that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the incident is of the year 2021. There is no criminal antecedent against the appellants and they are facing lis since 2021. Appellants have undergone about six and half months, therefore, it is prayed that the jail sentence awarded to the appellants may be reduced to the period already undergone by them. 7. Per contra, learned counsel for the State/respondent opposes the 4 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. 8. I have heard learned counsel appearing on behalf of the parties and perused the material available on record with utmost circumspection. 9. The case has been investigated by Investigating Officer, ASI Devendra Banjare (PW-12). On conduct search operation, total 03.350 kg of intoxicating substance Ganja has been recovered from the joint possession of the appellants. In this case, the prosecution has complied with the provisions of Section 42 of the NDPS Act and also complied with the provisions of Sections 52A, 55 & 57 of the NDPS Act. 10. 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 appellants. The contraband Ganja was recovered from the bag which was in possession of the appellants. The samples of seized contraband Ganja were sent to the Regional Forensic Science Laboratory, Raipur, the samples of seized Ganja has been found positive. 11. Considering the above facts and circumstances of the case, particularly, considering the fact that the contraband Ganja seized 5 from the possession of the appellants is 03.350 kg in total; they have already undergone about six and half months out of the period of 04 years sentence imposed upon them by the trial Court and further considering that they 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 them is reduced to the period already undergone by them. The fine amount imposed by the trial Court shall remain intact. If the fine amount is not deposited by the appellants, they shall further undergo as has been ordered by the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.). Ordered accordingly. 12. Records of the Court below be sent back along with a copy of this order forthwith for information and necessary compliance. Sd/- (Arvind Kumar Verma) Judge Vasant