Chattisgarh High Court
Directorate Of Revenue Intelligence … vs Shri Pawan Yadav on 8 April, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2025:CGHC:16383-DB
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 646 of 2025
Directorate Of Revenue Intelligence (Dri) Raipur Regional Unit Through
Deputy Director, Directorate of Revenue Intelligence Raipur Regional Unit,
30, Panchsheel Nagar, Civil Lines, Raipur, District Raipur (C.G.). 492001.
... Petitioner
versus
Shri Pawan Yadav S/o Shri Ramanand Yadav, Aged About 35 Years R/o
Village Pendri, Ward No. 20, Rajnandgaon (C.G.).
--- Respondent
(Cause title is taken from the CIS)
For Petitioner : Mr. Anumesh Shrivastava, Advocate
Hon’ble Shri Ramesh Sinha, Chief Justice and
Hon’ble Shri Arvind Kumar Verma, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
08.04.2025
1. Proceedings of this matter have been taken through video conferencing.
Digitally signed
by VASANT
2. Heard Mr. Anumesh Shrivastava, learned counsel for the petitioner.
VASANT KUMAR
Date:
KUMAR 2025.04.13
12:34:33
+0530
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3. By way of present petition filed under Section 419(3) of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) the petitioner has
sought leave to appeal against the impugned judgment of acquittal
dated 15.07.2024 passed by the learned Special Judge (NDPS Act),
Raipur, District Raipur (C.G) vide Special (NDPS Act) Case
No.56/2021 (DRI Vs. Pankaj Kumar Ray & Ors.) by which the
respondent/accused has been acquitted of the charges punishable under
Sections 20(b)(ii)(C), 25 & 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
4. I.A. No. 01 of 2025, is an application for condonation of delay of 110
days in filing the instant petition for leave to appeal.
5. For the reasons mentioned in the application, the same is allowed.
Delay in filing the petition for leave to appeal is condoned.
6. The prosecution story, in brief, is that on 11.11.2020, Shri Sanjeet
Kumar Singh, Intelligence officer, DRI, Raipur Regional Unit has
received an information that approximately 800 kgs of Ganja, is being
transported via Borigumma, Odhisha towards Allahabad, Uttar Pradesh
via Raipur in a containerized truck having Registration No. CG 08 L
3166 and the said truck is expected to cross near Abhanpur, Raipur
Highway between 04:00-04:30 PM. The said truck is loaded with
Cannabis (ganja) in a specifically built cavity. The said truck was
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intercepted by officers of DRI Raipur Regional Unit, and the search of
the truck and its cavity was conducted under the panchnama
proceedings dated 11.11.2020. On searching the said truck, the officers
found 155 packets of ganja. The officers thereafter got the packets
weighted and the total weight of the Ganja turned out to be 697.255
Kgs.
7. After thorough investigation, after finding sufficient evidence against
the Respondents, the charge-sheet has been prepared and filed before
the jurisdictional Court, during the trial, the charges were framed by
Special Judge (NDPS Act), Raipur (C.G.). The trial was started and by
passing the judgment on 15/07/2024, the learned Court below acquitted
the respondent giving him the benefit of doubt.
8. Learned counsel for the petitioner submtis that the impugned judgment
is contrary to the law, facts & circumstances of the case. He further
submits that the learned Court in its judgment under para 26 has
accepted that Sections 42, 43 & 52-A of the N.D.P.S Act have been
duly complied with by the investigating department, but in spite of that
the accused has been acquitted, which is prima facie liable to be
quashed. The learned court did not properly analyze the statement of
other accused presented in the case, whereas it is reflected from their
statement that respondent was well involved in the incident and also
was aware that his brother Sajan Yadav’s truck bearing registration no.
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CG-08-L-3166 was seized in Chhattisgarh in the present case. Based
on the above fact, the role of the respondent in the instant case
smuggling gets proved beyond doubt. Further, based on CDR details, it
becomes clear that the respondent was in constant touch with other
members of the syndicate during the time of loading of the ganja. It is
further argued that the special cavity in the truck to conceal ganja was
made by the mechanic who was operating his body building business
workshop in the premises of the Dhaba owned jointly by Sajan Yadav
and Pawan Yadav. Thus, the role of respondent in the instant Ganja
smuggling case gets proved beyond doubt. He lastly submits that if the
accused is let free in the instant case, it would set examples in the
general public that only the carriers would be prosecuted and the
masterminds operating from behind the curtains would get free because
the location analysis, CDR analysis, statements of other accused, and
other vital facts of the case would be of no meaning in the eyes of law.
It is therefore prayed that the impugned judgment dated 15-07-2024
passed by the learned Special Judge (NDPS Act), Raipur, District
Raipur (C.G.) (Annexure A-4) be set aside/quashed and the
respondent/accused be consequently convicted for the offences
punishable under Sections 20(b)(ii)(C), 25 & 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 be punished suitably.
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9. Considering the facts and circumstances of the case, we are of the
considered opinion that the present is a fit case where application under
Section 419 (3) of the BNSS deserves to be allowed. Accordingly, the
application for leave to appeal under Section 419 (3) of the BNSS is
allowed.
10. Office is directed to register the case under the head of “Acquittal
Appeal”.
11. The CrMP is disposed off accordingly.
12. The acquittal appeal is also stand admitted.
13. Let a bailable warrant of a sum of Rs.5,000/- be issued against the
respondent / accused for his presence before this Court on 30.04.2025.
14. List this case on 30.04.2025 along with CRA No.1495 of 2024.
15. Paper-book be prepared in accordance with the High Court Rules.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Vasant