1 / 8 2026:CGHC:15482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 201 of 2018 Anish Mohammad @ Anij S/o Bisahu Mohammad Aged About 55 Years R/o Rumgadha, Police Station Balco Nagar, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ... Appellant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Balco Nagar, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ---Respondent For Appellant : Ms. Laxmin Tondey, Advocate. For Respondent : Ms. Avelin Juneja Gambhir, P.L. Hon'ble Shri Justice Arvind Kumar Verma, Judgment on Board 06 . 04 .202 6 1. Today, no one appeared on behalf of the appellant when the mat- ter was called out. This Court therefore requested for assistance from a counsel of the High Court Legal Service Committee. Ms. Laxmin Tondey, Advocate, has been nominated to assist the Court. 2 / 8 2. I have gone through the judgment under appeal and the deposi- tions of witnesses and exhibits assisted both by Ms. Laxmin Tondey through the High Court Legal Services Committee and learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh Vs. State of Uttar Pradesh), I do not consider it nec- essary to adjourn this case and issue fresh notice to the appel- lants as their interest has been duly taken care of by nominating another counsel from the High Court Legal Services Committee. 3. This criminal appeal has been filed under Section 374 (2) of Cr.P.C. by the appellant against the judgment of conviction and order of sentence dated 10.01.2018 passed by the learned Spe- cial Judge (N.D.P.S. Act) Korba District Korba (C.G.) in Special NDPS No. 01/2017, whereby the appellant has been convicted and sentenced as follows:- Convicted un- der Sections Sentenced to 20(b)(ii-B) of N.D.P.S. Act, 1985 R.I. for 5 year with fine of Rs. 10,000/- and in default of payment of fine, additional R.I. for 6 months. 4. The prosecution case, in brief, is that on 01.02.2017, the Assis- tant Sub-Inspector of Police Station Balko Nagar, namely Puhupram Sahu, received secret information from an informant that the accused, Anis Mohammad @ Anij, had concealed a large quantity of narcotic substance (ganja) in his house. Acting upon the said information, and after complying with the manda- tory provisions of the NDPS Act, he proceeded to the house of 3 / 8 the accused situated at Roomgadha along with NDPS kit, inde- pendent witnesses, and accompanying police staff for verifica- tion. Upon reaching the spot, the accused was interrogated, and prior to conducting the search, personal search of the accused as well as of the police personnel was conducted in the presence of witnesses, during which no incriminating article was found. Thereafter, upon obtaining consent of the accused, a search of his house was conducted. During the search, from an almirah in the hall, one white-colored Rajshree gutkha bag (Article-A) and one yellow-colored plastic sack (Article-B) were recovered. On opening the white Rajshree gutkha bag, one white bag and one green bag containing some substance were found. Similarly, in- side the yellow plastic sack, 8 plastic packets containing sub- stance were found. Upon examination in the presence of wit- nesses, the said substance was identified as ganja. The contra- band recovered from the possession of the accused, i.e., Article- A, was weighed on a duly verified weighing scale and found to be 1 kilogram 800 grams. The substance contained in 8 plastic packets of Article-B was also weighed and found to be 9 kilo- grams. Thus, a total of 10 kilograms and 800 grams of ganja was recovered from the possession of the accused. Additionally, a sum of ₹3,700/- was also recovered from the possession of the accused, which was alleged to be proceeds from the sale of ganja. During the search, samples of 50 grams each were drawn from both the seized substances and were further divided into 25 grams each, thereby preparing four sample packets in accor- dance with procedure. The accused was informed of the grounds 4 / 8 of arrest, and after informing his relatives, he was duly arrested. Thereafter, the police party returned to Police Station Balko Na- gar, where the seized contraband, sample packets, and cash amount were deposited in the Malkhana. On account of the com- mission of the offence by the accused, Crime No. 28/2017 was registered against him under Section 20(b) of the NDPS Act. The samples were sent to the Forensic Science Laboratory for exami- nation, where the substance was confirmed to be ganja. Upon completion of necessary investigation, the charge-sheet was filed before the competent Court on 31.03.2017 5. The learned Special Judge (N.D.P.S. Act) Korba District Korba, C.G., after appreciating oral and documentary evidence available on record vide judgment dated 10.01.2018, convicted the appel- lant for the offence punishable under Section 20(b)(ii-B) of the N.D.P.S. and sentenced him as mentioned in opening paragraph of this order. 6. The appellant was in custody from 02.02.2017 to 10.01.2018 and thereafter he was in jail from 10.01.2018 to 19.07.2018 (total jail period 1 year, 5 months and 17 days. 7. Learned counsel for the appellant would submit that the appellant is innocent persons and has been falsely implicated in the afore- said 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 doubt since the evidence submitted by the prosecu- 5 / 8 tion is very shaky and unbelievable. The Trial Court failed to ap- preciate the evidence and documents available on record. 8. Learned counsel for the appellant further submits that he does not want to press this appeal on merits and confine his argu- ments to the sentence part thereof only. Further, learned counsel for appellant submits that the appellant at present is aged about 64 years and as he is facing criminal trial since 2017 and the ap- pellant has already undergone more than 1 year, 5 months and 17 days awarded by the trial Court. There is also no previous criminal antecedents against the appellant. Therefore, the jail sentence awarded to the appellant may be reduced to the period already undergone by him. Learned counsel for appellant placed his reliance upon the decisions of the Coordinate Bench of this High Court in the matters of Ajay Kumar Sarthi V. State of Chhattisgarh in CRA No. 243 of 2022, Pritam Patel Vs. State of Chhattisgarh in CRA No. 903 of 2015 and Yogendra Singh Markam Vs. State of Chhattisgarh in CRA No. 1760 of 2022, the Cor-ordinate Bench has reduced the sentence to the period already undergone, and therefore, similar relief may be extended to the appellants herein as well. 9. Learned State Counsel submits that the Trial Court has rightly convicted and sentenced the appellant, in which no interference is called for. 10. I have heard learned counsel for the parties, considered their ri- val submissions made hereinabove and also went through the records with utmost circumspection. 6 / 8 11. From perusal of the records, it transpires that on 01.02.2017, the Assistant Sub-Inspector of Police Station Balko Nagar, namely Puhupram Sahu, received secret information from an informant that the accused, Anis Mohammad @ Anij, had concealed a large quantity of narcotic substance (ganja) in his house. Acting upon the said information, and after complying with the mandatory pro- visions of the NDPS Act, he proceeded to the house of the ac- cused situated at Roomgadha along with NDPS kit, independent witnesses, and accompanying police staff for verification. Upon reaching the spot, the accused was interrogated, and prior to con- ducting the search, personal search of the accused as well as of the police personnel was conducted in the presence of witnesses, during which no incriminating article was found. Thereafter, upon obtaining consent of the accused, a search of his house was con- ducted. During the search, from an almirah in the hall, one white- colored Rajshree gutkha bag (Article-A) and one yellow-colored plastic sack (Article-B) were recovered. On opening the white Ra- jshree gutkha bag, one white bag and one green bag containing some substance were found. Similarly, inside the yellow plastic sack, 8 plastic packets containing substance were found. Upon examination in the presence of witnesses, the said substance was identified as ganja. The contraband recovered from the posses- sion of the accused, i.e., Article-A, was weighed on a duly verified weighing scale and found to be 1 kilogram 800 grams. The sub- stance contained in 8 plastic packets of Article-B was also weighed and found to be 9 kilograms. Thus, a total of 10 kilo- grams and 800 grams of ganja was recovered from the posses- 7 / 8 sion of the accused. Additionally, a sum of ₹3,700/- was also re- covered from the possession of the accused, which was alleged to be proceeds from the sale of ganja. During the search, samples of 50 grams each were drawn from both the seized substances and were further divided into 25 grams each, thereby preparing four sample packets in accordance with procedure. The accused was informed of the grounds of arrest, and after informing his relatives, he was duly arrested. Thereafter, the police party returned to Po- lice Station Balko Nagar, where the seized contraband, sample packets, and cash amount were deposited in the Malkhana. On account of the commission of the offence by the accused, Crime No. 28/2017 was registered against him under Section 20(b) of the NDPS Act. 12. From perusal of the case it appears that Investigation Officer has followed the mandatory provisions of Section 42(1) 42(2) of the NDPS Act 1985 and after giving information to the Superior Gazette Officer, he recovered ganja from the exclusive posses- sion of the accused and the IO has also followed the norms of 52A, 55 and 57 of the NDPS Act. The IO has taken samples of 25:25 grams of ganja and sent for FSL test and FSL report is pos- itive. The trial Court after considering the material available on record and evidence of the prosecution witnesses, convicted the appellant for the offence under Section 20(b)(ii-B) of the N.D.P.S. and sentenced to undergo RI for 5 years to appellant and fine of Rs. 10,000/-. Considering the material available on record and the evidence adduced by the prosecution, I am of the view that the Trial Court did not commit any illegality or infirmity in the findings 8 / 8 recorded by Trial Court as regards conviction of the appellant un- der Section 20(b)(ii-B) of the N.D.P.S. Therefore, the conviction of the appellant is maintained. 13.As regards the sentence awarded to them. Considering the fact that the appellant is facing criminal trial since 2017 and thereafter more than 9 years has been elapsed, considering the age of the appellant at present and further considering the quantity of contra- band seized from the possession of the appellant i.e. 10 kg 800 gram contraband(ganja), which is intermediate quantity and there is no previous criminal antecedents against him and further the appellant has already undergone 1 year, 5 months and 17 days of jail sentence awarded by the trial Court and bail was also granted to him by this Court on 19.07.2018, there would be no useful pur- pose to send the appellant in jail as he has already suffered un- dergone sentence and also agony of criminal trial for so many years, that meets the ends of justice. So this Court finds it appro- priate to reduce the sentence from RI for 5 years under Section 20(b)(ii-B) of the N.D.P.S. to the period already undergone by the appellant of jail sentence. However, fine amount is maintained. 14. With the aforesaid observations, the criminal appeal is partly al- lowed to the extent indicated hereinabove. 15. Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- (Arvind Kumar Verma ) Judge Jyoti