1 / 7 2026:CGHC:7076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1019 of 2020 Budhram Sidar S/o Late Banau Sidar Aged About 50 Years R/o Village- Gorakha, Police Station Kotra Road, District- Raigarh, Chhattisgarh ... Appellant versus State of Chhattisgarh Through The Station House Officer, Police Station Kotra Road, Raigah, District : Raigarh, Chhattisgarh ... Respondent For Appellant : Mr. Bharat Lal Sahu, Advocate For Respondent/State : Mr. Jitendra Shrivastava, GA (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 09/02/2026 1. Today when the matter is called out for hearing, no one appeared on behalf of the appellant, I therefore requested for assistance from a counsel of the High Court Legal Aid Services Committee, Mr. Bharat Lal Sahu, Advocate has been nominated to assist the Court. 2. I have gone through the judgment under appeal and the depositions of witnesses and exhibits assisted both by Advocate, Mr. Bharat Lal Sahu through the High Court Legal Aid Services Committee and learned State counsel. In view of law laid down by the Hon’ble Supreme Court in the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 / 7 matter of Surya Baksh Singh v. State of Uttar Pradesh {(2014) 14 SCC 222}, I do not consider it necessary to adjourn this case and issue fresh notice to the appellant and his interest has been duly taken care of by nominating another counsel from the High Court Legal Aid Services Committee. 3. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 09/12/2020 passed by the Special Judge (Under NDPS Act, 1985), Raigarh, District-Raigarh, C.G. in Special Criminal Case No.18/2018 whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Under Section 8 read with Section 20(b) (ii) (B) of Narcotic Drug and Psychotropic Substances Act R.I. for 06 Months and fine of Rs.2000/- and in default of payment of fine 2 months additional R.I. 4. The case of the prosecution, in brief, is that on 21/07/2018 ASI Arjun Prasad Chandra, P.W.6 received a secret information that the Budhram Sidar resident of Village-Gorakha has illegally kept Ganja in his house. After receiving the said information ASI Arjun Prasad Chandra P.W.6 noted down the said information in Roznamach Sanha, Ex.P 16 and thereafter sent the Basant Constable no 514, P.W. 4 to call the witnesses and this fact was recorded in Roznamacha Sanha, Ex.P 17. Thereafter the said Constable Basant, P.W.4,appeared with two witnesses Vijay Lal Basant, P.W.1 and Manoj Chauhan, P.W.2. Thereafter notice under Section 160 of Cr.P.C were issued to these witnesses which is EX.P1 and 3 / 7 EX.P16 and thereafter Secret Information Pachnama, Ex.P2 was prepared. Thereafter ASI Arjun Prasad Chandra, P.W6 recorded his belief under proviso to Section 42 of NDPS Act in the document Ex.P 3. After preparing the Secret Information Panchanama, EX.P2 and recording the belief under Proviso to Section 42 of the Act, EX.P3, he sent the said information to City Superintendent of Police (CSP) through Constable Rajkumar Paikara, P.W5 and he entered the said fact in Roznamacha Sanha EX.P20. 5. Thereafter ASI Arjun Prasad Chandra, P.W.6 proceeded towards the place of incidence along with the witnesses and his colleagues with necessary materials and the said fact was also recorded in Roznamach Sanha, EX.P 22. On reaching the spot ASI Arjun Prasad Chandra, P.W.6 along with the witnesses and his colleagues entered the house. Accused was present in the house and thereafter notice under Section 50 of the Act, EX.P 6 was given to the accused and accused was informed about the right in personal search and thereafter after getting his consent a Panchanama, Ex.P 7 was prepared. Thereafter after getting searched from the accused and also witnesses and other police personal were searched by accused and search Panchanama, Ex.P 4 and Ex.P5 was prepared and thereafter personal search of accused was conducted in which no contraband was found. Thereafter the house of the accused was searched in which a packet was found on table behind the television. The said packet was recovered and Recovery Memorandum, Ex.P8 was prepared. 6. Thereafter the said packet was opened in presence of witnesses and 4 / 7 process of identification was carried out by smelling, rubbing and burning and ASI Arjun Prasad Chandra, P.W 6 prepared Identification Memorandum, Ex.P 9. Thereupon the said packet was mixed and then after calling the witness Komal Prasad Tandon, P.W 7 the said contraband was weighed in the presence of said witnesses after physical verification of the weighing machine and memorandum, Ex.P12 was prepared thereafter the said contraband was seized and seizure memo, Ex.P 13 was prepared. Thereafter on the spot Dehati Nalisi, Ex.P 24 was prepared by ASI Arjun Prasad Chandra, P.W.6 and also Site Plan, Ex.P 15 was prepared. Thereafter after arresting the accused arresting memo, Ex.P14 was prepared and wife of accused was informed about the said arrest vide document Ex.P 25. 7. Thereafter after reaching the Police Station ASI Arjun Prasaad Chandra, P.W.6 entered the said details in Roznamcha Sanha, Ex.P 26 and the seized contraband was handed over to Incharge of the Malkahana, Head Constable Anil Kumar Sahu, P.W.9. Thereafter FIR was registered by In- charge of Police Station. The seized sample was got examined from Forensic Science Laboratory (FSL) and report EX.P-32 was received from the FSL. After the completion of the investigation charge-sheet, Ex.P 33 was prepared and submitted before this Court. 8. After hearing the both parties charge under Section 8 read with Section 20(b)(ii) (B) of Narcotics Drugs and Psychotropic Substances Act, 1985, was framed against the accused. Accused denied the charge and after completion of the prosecution evidence accused was examined under Section 313 of Criminal Procedure Code, 1973 in which accused stated 5 / 7 that he was falsely implicated in the case and the accused had not led any evidence in his defence. 9. Prosecution in its support adduced oral evidence of Vijay Lal Basant, P.W.1, Manoj Chauhan, P.W.2, Dukhiram Amliwar, P.W.3, Basant Pandey, P.W.4, Constable Raj kumar Paikara, P.W. 5, ASI Arjun Prasad Chandra, P.W.6, Komal Prasad Tandon, P.W7, Manorama Tomar, P.W8, Head Constable Anil Kumar Sahu, P.W 9 and Vivek PataleP.W. 10. The learned trial Court after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal. 10. Learned counsel appearing for the appellant submits that he is not pressing this appeal on merits and confining the arguments to the quantum of sentence only. He would next contend that the sentence awarded to the appellant is R.I. for 06 months and the appellant was in jail since 22/07/2018 to 18/09/2018 thereafter he was granted bail during trial and presently also he is on bail. He would next contend that since the incident is of the year 2018 and more than 07 years have elapsed, therefore, it is prayed that the sentence awarded to appellant be reduced to the period already undergone by him. 11. Per contra, learned State counsel would submit that the judgment of the trial Court is well merited which do not call for any interference. 12. I have heard learned counsel for the parties and perused the evidence. 13. Perusal of the record and the evidence available on record, it emerges that the prosecution case is based on recovery of 1 Kg of Ganja from the house of the appellant pursuant to secret information received by ASI 6 / 7 Arjun Prasad Chandra (P.W.6). 14. The recording of information, preparation of secret information memorandum (Ex.P-2), compliance of Section 42 NDPS Act (Ex.P-3), issuance of notice under Section 50 (Ex.P-6), seizure proceedings and preparation of site map stand supported by official witnesses including ASI Arjun Prasad Chandra (P.W.6), Constable Basant Pandey (P.W.4), Patwari Manorama Tomar (P.W.8), Head Constable Anil Kumar Sahu (P.W.9). The FSL report (Ex.P-32) conclusively establishes that the seized substance was Ganja. 15. Though independent witnesses Vijay Lal Basant (P.W.1) and Manoj Chauhan (P.W.2) did not support the prosecution and were declared hostile, they have admitted their signatures on seizure related documents. Further, the evidence of Patwari (P.W.8) establishes preparation of site map and memorandum at the spot and the Investigating Officer (P.W.6) has consistently deposed regarding recovery of contraband from the house of the appellant. Mere hostility of independent witnesses does not demolish the prosecution case when seizure is otherwise proved through cogent official testimony and remains corroborated by scientific evidence. 16. Thus, the seizure of contraband Ganja from the possession of the appellant stands proved. Accordingly, the finding of conviction recorded by the learned trial Court under Section 8 read with Section 20(b)(ii)(B) of the NDPS Act calls for no interference and is hereby affirmed. 17. As regards the quantum of sentence, considering the fact that the 7 / 7 incident is of the year 2018, the quantity of contraband involved is not commercial, the Appellant has faced long trial, Appellant has suffered the jail sentence from 22/07/2018 to 18/09/2018 i.e. 01 Month and 27 Days thereafter he was granted bail during trial and he is presently on bail and no criminal antecedents are brought on record. Considering the totality of circumstances and the period of detention already undergone by the appellant, this Court is of the view that ends of justice would be met by reducing the substantive sentence to the period already undergone by the appellant. The fine amount shall remain intact. It is ordered accordingly. 18. Consequently, this appeal stands allowed in part to the extent indicated herein-above. 19. Appellant is on bail. His bail bonds shall remain operative for a period of 06 months in view of Section 437A of CrPC (now Section 481 of Bhartiya Nagrik Suraksha Sanhita, 2023). 20. The lower court record along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu