[Cites 7, Cited by 0]
Chattisgarh High Court
Anil Kumar Godavari vs State Of Chhattisgarh on 24 March, 2026
1
2026:CGHC:13966
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1723 of 2018
Anil Kumar Godavari S/o Rajendra Godavari Aged About 34 Years R/o
Tikarapara, Mannu Chowk, Bilaspur, District- Bilaspur, Chhattisgarh.,
District : Bilaspur, Chhattisgarh
... Appellant
versus
State Of Chhattisgarh Through Police Station- Sankara, District-
Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh
... Respondent(s)
For Appellant : Mr. Shreshtha Gupta, Advocate through legal
aid
For Respondent(s) : Mr. Vivek Mishra, Panel Lawyer
Hon'ble Shri Justice Arvind Kumar Verma
Judgment on Board
24/03/2026
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.
Shreshtha Gupta, Advocate has been nominated to assist the
court.
2. I have gone through the judgment under appeal and the deposi-
tions of witnesses and exhibits assisted both by Advocate through
the High Court Legal Services Committee and Learned State
Counsel. In view of (2014) SCC 222 (Surya Baksh Singh Vs.
State of Uttar Pradesh), I do not consider it necessary to adjourn
this case and issue fresh notice to the Appellant as his 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., 1973 by the appellant against the judgment of conviction
and order of sentence dated 27.09.2018 passed by the learned
Special Judge (NDPS Act) Mahasamund (C.G.), in Special Crimi-
nal Case (NDPS Act) No. H-08/2017, whereby the appellant has
been convicted and sentenced as follows:-
Convicted Sentenced to
U/s 20(b)(ii)(B) of R.I. for 4 years with fine of Rs.
N.D.P.S. Act, 1985 10,000/-, in default of payment of fine,
additional R.I. for 6 months.
4. On 28.01.2017, Sub-Inspector Anil Paleshwar of Police Station
Sankra received information that the accused was transporting
ganja from Odisha towards Sankra on a motorcycle with a white
plastic sack. After preparing the informant memorandum and sum-
moning witnesses, the police laid a trap near village Saldih and
apprehended the accused. Upon complying with Section 50 of the
NDPS Act, the accused consented to search by the police officer.
On search of the motorcycle, 10 packets of ganja were recovered
from a white plastic sack. The contraband was identified, weighed
(10 kg net), and samples of 100 grams each were drawn and
sealed. The remaining ganja and the motorcycle were seized. The
accused was arrested, FIR was registered, and samples were
sent for chemical examination, which confirmed the substance as
ganja. After completion of investigation, a charge-sheet was filed
under Section 20(b)(ii)(B) of the NDPS Act. The accused denied
the allegations in his statement under Section 313 CrPC, claimed
false implication, and did not adduce any defence evidence.
5. The learned Special Judge (NDPS Act) Mahasamund (C.G.), after
appreciating oral and documentary evidence available on record
vide judgment dated 27.09.2018, convicted the appellant 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 jail from 29.01.2017 to 09.01.2018.
7. Learned counsel for the appellant would submit that the appellant
is innocent person 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 con-
victed and sentenced the appellants and ought to have given the
benefit of doubt since the evidence submitted by the prosecution
is very shaky and unbelievable. The Trial Court failed to appreci-
ate the evidence and documents available on record.
8. Learned counsel for the appellant submits that he does not want
to press this appeal on merits and confine his arguments to the
sentence part thereof only. Further, he submits that the appellant
at present is aged about 40 years and as he is facing criminal trial
since 2017 and has already undergone around 1 year of jail sen-
tence awarded by the trial Court. There is also no previous crimi-
nal antecedents against the appellant. Therefore, the jail sentence
awarded to the appellant may be reduced to the period already
undergone by him.
9. Learned Panel Laywer appearing for the respondent/State, sub-
mits 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 rival
submissions made hereinabove and also went through the records
with utmost circumspection.
11. From perusal of the records, it transpires that on 28.01.2017, po-
lice received information that the accused was transporting ganja
on a motorcycle. A trap was laid near village Saldih, and the ac-
cused was apprehended. After complying with Section 50 of the
NDPS Act, a search was conducted, resulting in recovery of 10 kg
of ganja from a plastic sack tied to the motorcycle. Samples were
drawn, sealed, and the remaining contraband along with the motor-
cycle was seized. The accused was arrested, and the substance
was confirmed as ganja by FSL report. After investigation, a
charge-sheet was filed under Section 20(b)(ii)(B) of the NDPS Act.
The accused denied the allegations and did not lead any defence
evidence. After following the due processes, the learned Special
Judge convicted the appellant under Section 20(b)(ii)(B) of the
NDPS Act, 1985 and sentenced to undergo RI for 4 years to appel-
lant 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 recorded by Trial Court as regards conviction of the
appellant under Section 20(b)(ii)(B) of the N.D.P.S.
12. Therefore, the essence of the above discussion is that the Investi-
gating Officer in this case appears to have followed all the manda-
tory and directive provisions of the NDPS Act. There is no con-
crete reason to disbelieve the evidence of the Investigating Officer
and other witnesses and the action taken by them. The accused
did not produce any valid license or document in relation to the
narcotic substance recovered from his possession. Therefore, it is
proved that the appellant possessed 10 kg of ganja in violation of
the provisions of the NDPS Act.
13. As regards the sentence awarded to the appellant. Considering
the fact that the appellant is facing criminal trial since 2017, consid-
ering the age of the appellant at present and further considering
the quantity of contraband seized from the possession of appellant
i.e. 10 kg contraband(ganja), which is intermediate quantity and
there is no previous criminal antecedents against him and further
the appellant was in jail from 29.01.2017 to 09.01.2019, therefore,
this Court is of the opinion that in the interest of justice, the sen-
tence imposed upon the appellant is reduced to the period already
undergone by the appellant under Section 20(b)(ii)(B). However,
fine imposed by trial Court is maintained.
14. With the aforesaid observations, the criminal appeal is allowed in
part. The appellant is held guilty of committing offence under Sec-
tion 20(b)(ii)(B) of NDPS Act and is convicted for the said offence.
However, the sentence is reduced to the period already undergone
by him. The appellant is reported to be on bail. Surety and per-
sonal bond earlier furnished at the time of suspension of sentence
shall remain operative for a period of six months in view of the pro-
visions of Section 437-A Cr.P.C.
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
Madhurima
