Chattisgarh High Court
Laikhan Thakur vs State Of Chhattisgarh on 30 June, 2025
1
Digitally 2025:CGHC:29068
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date: NAFR
2025.07.01
23:23:42
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 310 of 2016
Laikhan Thakur S/o Jaidev Thakur Aged About 35 Years R/o Mawliguda
Minjpara, Police Station Bhanpuri, District Bastar Chhattisgarh. , Chhattisgarh
... Petitioner(s)
versus
State Of Chhattisgarh Through The Station House Officer, Police Station
Kondagaon, District Kondagaon Chhattisgarh. , Chhattisgarh
... Respondent(s)
For Petitioner(s) : Mr. Kishore Narayan, Advocate
For Respondent/State : Ms. Isha Jajodiya, Panel Lawyer.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Bibhu Datta Guru, Judge
30.06.2025
1. Heard Shri Kishore Narayan, learned counsel for the appellant. Also
heard Ms. Isha Jajodiya, learned Panel Lawyer, appearing for the
State/respondent.
2. This Criminal appeal is preferred against the judgment and order dated
23.12.2015 passed by the learned Special Judge (NDPS Act) Kondagaon,
Disrict Kondagaon (C.G.) in Special Case No. 16/2023, whereby the
appellant has been convicted and sentenced for the offence punishable
under Section 20 (B) (ii-B) of Narcotic Durgs and Psychotropic
Substance Act, 1985 (for short, 'NDPS') and sentenced him to undergo
rigoruous imprisonment for 7 years with fine of Rs. 50,000/- and in
default of payment of fine amount additional rigorous imprisonment for 2
years.
3. The case of the prosecution in brief is that on 02.03.2013 at 09:30 A.M.
the Police Station Kondagaon received a secret information to the effect
that two persons clad in full shirt and T-shirts are carrying ganja in a
plastic bag. It is alleged that the police formed a trap to arrest the above
persons at Dahikonga Chowk and when the above persons saw the police
persons they started running away, however they were caught by the
police person and 15 kgs of ganja was recovered from their possession.
Thereafter crime No. 40/2013 was registered against the appellant for the
offence punishable under Section 20 (b) (ii-B) of NDPS Act.
Subsequently, an FIR was lodged. After completion of investigation, a
charge-sheet was filed against the appellant.
4. In order to bring home the offence, the prosecution has examined 07
witnesses in its support. Statement of the accused/appellant under Section
313 Cr.P.C was recorded, wherein they have pleaded their innocence and
false implication in the matter.
5. The trial Court after appreciating oral and documentary evidence
available on record, by its judgment dated 29/02/2016 has acquitted
accused Chabbilal from the charges framed against him, however, the
appellant has been convicted and sentenced as mentioned in paragraph
two of this judgment. Hence, this appeal.
6. Mr. Shai Kishore Narayan, learned counsel submits that he is not
pressing the appeal so far as it relates to the conviction part of the
judgment and would confine his argument to the sentence part thereof
only. According to the him, the incident is said to have taken place in the
year 2013 and thereby about 12 years have rolled by since then. The
appellant has already remained in jail for about 4 years 2 months, he has
no criminal antecedent, therefore, in the interest of justice,it would be
appropriate if the sentence imposed upon him may be reduced to the
period already undergone by him.
7. Per Contra, Ms. Isha Jajodia, learned Panel Lawyer supported the
impugned judgment and opposed the arguments advanced on behalf of
the appellant.
8. I have heard learned counsel for the parties and considered their rival
submissions made herein-above and also went through the record with
utmost circumspection.
9. Having gone through the material available on record and the evidence of
the witnesses Parmeshwar Sahu (PW1), Maharam Chirendra (PW2),
Punaram Thakur (PW3), Md. Ashraf Khan (PW4), Kishore Patel (PW5),
Pitambar Kathar (PW6) and Govindram Kurana (PW7) establish the
involvement of the appellant in the crime in question beyond reasonable
doubt. Thus, considering the oral and documentary evidence on record
the seizure of Contraband Ganja from the possession of the
accused/appellant which was subsequently found to be Ganja as per FSL
report vide Ex. P-32, this Court does not see any illegality in the findings
recorded by the trial Court as regards conviction of the appellant under
Section 20(b)-ii(B) of Narcotic Drugs and Psychotropic Substances Act.
10. In the instant case, the appellant has remained in jail for about 4 years
and 2 months, considering the facts and circumstances of the case and
also considering the fact that the offence was committed in the year 2013
i.e. about more than 12 years have elapsed and at present the appellant is
aged about more than 45 years, this court & of the opinion that the ends
of justice would be served if he is sentenced to the period already
undergone by him while keeping the fine amount with default stipulation
as imposed by the Trial Court intact.
11. In the result, the appeal is allowed in part. While maintaining the
conviction of the appellant under Section 20(b)-ii(B) of the NDPS Act,
his jail sentence is reduced to the period already undergone by him.
However, the fine amount of Rs. 50,000/- with default stipulation
imposed by the trial Court shall remain intact. The amount of Rs.
25,000/- deposited by the appellant pursuant to the interim order of this
Court shall be adjusted in the fine amount.
12. The appellant is reported to be on bail. His bail bond is not discharged at
this stage and the bonds shall remain operative for a period of six months
in view of Section 481 of the BNSS.
13. The trial court record along with a copy of this judgment be sent back
immediately to the trial court concerned for compliance and necessary
action.
Sd/-
(BIBHU DATTA GURU)
JUDGE
Shoaib
