1 2025:CGHC:16383-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 646 of 2025 Directorate Of Revenue Intelligence (Dri) Raipur Regional Unit Through Deputy Director, Directorate of Revenue Intelligence Raipur Regional Unit, 30, Panchsheel Nagar, Civil Lines, Raipur, District Raipur (C.G.). 492001. ... Petitioner versus Shri Pawan Yadav S/o Shri Ramanand Yadav, Aged About 35 Years R/o Village Pendri, Ward No. 20, Rajnandgaon (C.G.). --- Respondent (Cause title is taken from the CIS) For Petitioner : Mr. Anumesh Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Anumesh Shrivastava, learned counsel for the petitioner. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.04.13 12:34:33 +0530 2 3. By way of present petition filed under Section 419(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) the petitioner has sought leave to appeal against the impugned judgment of acquittal dated 15.07.2024 passed by the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G) vide Special (NDPS Act) Case No.56/2021 (DRI Vs. Pankaj Kumar Ray & Ors.) by which the respondent/accused has been acquitted of the charges punishable under Sections 20(b)(ii)(C), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. I.A. No. 01 of 2025, is an application for condonation of delay of 110 days in filing the instant petition for leave to appeal. 5. For the reasons mentioned in the application, the same is allowed. Delay in filing the petition for leave to appeal is condoned. 6. The prosecution story, in brief, is that on 11.11.2020, Shri Sanjeet Kumar Singh, Intelligence officer, DRI, Raipur Regional Unit has received an information that approximately 800 kgs of Ganja, is being transported via Borigumma, Odhisha towards Allahabad, Uttar Pradesh via Raipur in a containerized truck having Registration No. CG 08 L 3166 and the said truck is expected to cross near Abhanpur, Raipur Highway between 04:00-04:30 PM. The said truck is loaded with Cannabis (ganja) in a specifically built cavity. The said truck was 3 intercepted by officers of DRI Raipur Regional Unit, and the search of the truck and its cavity was conducted under the panchnama proceedings dated 11.11.2020. On searching the said truck, the officers found 155 packets of ganja. The officers thereafter got the packets weighted and the total weight of the Ganja turned out to be 697.255 Kgs. 7. After thorough investigation, after finding sufficient evidence against the Respondents, the charge-sheet has been prepared and filed before the jurisdictional Court, during the trial, the charges were framed by Special Judge (NDPS Act), Raipur (C.G.). The trial was started and by passing the judgment on 15/07/2024, the learned Court below acquitted the respondent giving him the benefit of doubt. 8. Learned counsel for the petitioner submtis that the impugned judgment is contrary to the law, facts & circumstances of the case. He further submits that the learned Court in its judgment under para 26 has accepted that Sections 42, 43 & 52-A of the N.D.P.S Act have been duly complied with by the investigating department, but in spite of that the accused has been acquitted, which is prima facie liable to be quashed. The learned court did not properly analyze the statement of other accused presented in the case, whereas it is reflected from their statement that respondent was well involved in the incident and also was aware that his brother Sajan Yadav's truck bearing registration no. 4 CG-08-L-3166 was seized in Chhattisgarh in the present case. Based on the above fact, the role of the respondent in the instant case smuggling gets proved beyond doubt. Further, based on CDR details, it becomes clear that the respondent was in constant touch with other members of the syndicate during the time of loading of the ganja. It is further argued that the special cavity in the truck to conceal ganja was made by the mechanic who was operating his body building business workshop in the premises of the Dhaba owned jointly by Sajan Yadav and Pawan Yadav. Thus, the role of respondent in the instant Ganja smuggling case gets proved beyond doubt. He lastly submits that if the accused is let free in the instant case, it would set examples in the general public that only the carriers would be prosecuted and the masterminds operating from behind the curtains would get free because the location analysis, CDR analysis, statements of other accused, and other vital facts of the case would be of no meaning in the eyes of law. It is therefore prayed that the impugned judgment dated 15-07-2024 passed by the learned Special Judge (NDPS Act), Raipur, District Raipur (C.G.) (Annexure A-4) be set aside/quashed and the respondent/accused be consequently convicted for the offences punishable under Sections 20(b)(ii)(C), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 be punished suitably. 5 9. Considering the facts and circumstances of the case, we are of the considered opinion that the present is a fit case where application under Section 419 (3) of the BNSS deserves to be allowed. Accordingly, the application for leave to appeal under Section 419 (3) of the BNSS is allowed. 10. Office is directed to register the case under the head of “Acquittal Appeal”. 11. The CrMP is disposed off accordingly. 12. The acquittal appeal is also stand admitted. 13. Let a bailable warrant of a sum of Rs.5,000/- be issued against the respondent / accused for his presence before this Court on 30.04.2025. 14. List this case on 30.04.2025 along with CRA No.1495 of 2024. 15. Paper-book be prepared in accordance with the High Court Rules. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Vasant