Conviction appeal for possession of 6 kg ganja under Section 20(b)(ii)(B) NDPS Act upheld; sentence reduced to the six months already undergone, fine maintained, appeal allowed in part.
Sentence reduced to period already undergone; fine of Rs. 10,000 maintained; appellant convicted under S.20(b)(ii)(B) NDPS Act.
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2026:CGHC:7681
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1609 of 2017
Harishankar S/o Shridevi Prasad Vaishnav, Aged About 25 Years R/o Village Govinda Police Station Bamhanidih, Civil And Revenue District Janjgir-Champa, Chhattisgarh, Chhattisgarh
... Appellant
versus
State Of Chhattisgarh Through Police Station Birra, Civil And Revenue District Janjgir-Champa, Chhattisgarh, Chhattisgarh
... Respondent(s)
For Appellant : None
For Respondent(s) : Dr. Surendra Kumar Dewangan, Panel Lawyer
Hon'ble Shri Justice Arvind Kumar Verma
Judgment on Board
11/02/2026
on behalf of the appellant I, therefore, requested for assistance
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from a counsel of the High Court legal aid services committee, Mr. C.R. Sahu, Advocate has been nominated to assist the court.
| Convicted | Sentenced to |
|---|---|
| U/s 20(b)(ii)(B) of | R.I. for 3 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. |
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towards their village. On receiving information, entry No. 29 was recorded int eh daily diary (Rojnamcha). An information memorandum was prepared in the presence of witnesses and its copy was sent for necessary action. The information was entered at Outpost Chandrapur Camp vide Rojnamcha No. 30, and due to urgency of action, the staff along with ASI Tarsdas and Constable No. 736 Gopeshwar left after making entry No. 31 in the daily diary. Upon reaching Taldevari Bus Stand, witnesses Gangaprasad Jangade (aged 33 years) and Sanjay Patel (aged 29 years), resident of Naktideeh, were served notice to remain present. The police party proceeded near Naktideeh bridge and conducted surveillance on the main road. After some time, two persons were seen coming on a bicycle from the direction of village Taldevari. On stopping them and asking their names, the cyclist disclosed his name as Jhadi Goswami, aged 54 years, resident of Naktideeh. The person sitting on carrier disclosed his name as Harishankar Vaishnav, aged 25 years, resident of Govinda, Police Station Barhadeeh. They were informed about the received secret information. Harishankar Vaishnav stated that the white plastic sack in his possession contained ganja. They were informed about their right to be searched before a Gazetted Officer or Magistrate, but they consented to be searched by the police, and a consent memo was prepared. On search of Harishankar Vaishnav, a white plastic sack containing ganja was recovered. A seizure memo was prepared in the presence of witnesses. A small quantity was taken out, rubbed and
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tested; on smelling it, it was confirmed to be ganja. An identification memo was prepared. For weighing the contraband, Sohoram Yadav was called with standard weights and scale. After verification of the scale and weights in the presence of witnesses, the ganja was weighed. The total weight of the seized ganja was found to be 6 kg, and a weighing memo was prepared. Entry No. 32 was recorded in the daily diary. From the possession of Harishankar Vaishnav, 6 kg of ganja valued at Rs. 24,000/- was seized vide seizure memo No. 14. Two samples of 50 grams each were drawn from the seized ganja. The remaining 5 kg 900 grams and the two sample packets were separately sealed and taken into police custody. From accused Jhadi Goswami, one old Hero bicycle (22-inch frame no. 839583, black seat and carrier) valued at Rs. 500/- was seized vide seizure memo No. 15. Arrest memo Nos. 17 and 18 were prepared. After returning to the police station, FIR was registered and the seized articles and samples were deposited in the Malkhana. After completion of investigation, chargesheet was filed.
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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 6 kg of ganja in violation of the provisions of the NDPS Act.
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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
2 issues framed by the court
Was the conviction of the appellant under Section 20(b)(ii)(B) NDPS Act for possessing 6 kg ganja justified?
Should the jail sentence be reduced to the period already undergone given no prior antecedents and intermediate quantity?
Colour shows how this judgement treated each authority
Surya Baksh Singh Vs. State of Uttar PradeshRelied on¶2
(2014) SCC 222 · Who else cites this
3 provisions across 2 enactments
Harishankar S/o Shridevi Prasad Vaishnav
State of Chhattisgarh (Through Police Station Birra)
Arvind Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
