Sheikh Rehman Qureshi sentenced to 15 years of rigorous imprisonment for possession of contraband substances under NDPS Act
In a significant ruling, the Chhattisgarh High Court has upheld the conviction and sentencing of Sheikh Rehman Qureshi, who was found guilty of possessing contraband substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, dismissed the appeal filed by Qureshi, affirming the lower court's decision.
The judgment, delivered on April 27, 2026, pertains to the recovery of 600 capsules of Spasmo Proxyvon Plus, containing psychotropic substances such as Dicyclomine, Tramadol, and Acetaminophen, from Qureshi's possession. The court found that the prosecution had successfully established Qureshi's conscious possession of the contraband, which was recovered from a bag he was carrying in a public area beneath the Kashiram Nagar overbridge in Raipur.
The appellant challenged the trial court's conviction, arguing procedural lapses and non-compliance with mandatory provisions of the NDPS Act, particularly Sections 50, 52A, and 55. However, the High Court noted substantial compliance with these procedural safeguards and found that minor deviations did not vitiate the trial.
The court emphasized that Section 50, which mandates informing the accused of their right to be searched before a Gazetted Officer or Magistrate, was not applicable in this case as the recovery was made from a bag and not from a personal body search. The statutory presumption of conscious possession under Sections 35 and 54 was upheld, with the defense failing to rebut it.
The judgment also scrutinized the compliance of Section 52A related to inventory, sampling, and certification of seized contraband, affirming that the procedural safeguards were sufficiently met. The integrity of the chain of custody was maintained, with proper sealing and forensic analysis confirming the psychotropic nature of the substance.
The court rejected the appellant's claims of false implication and defective investigation, noting the consistent testimony of prosecution witnesses and the documentary evidence presented. The appeal was deemed devoid of merit, and the conviction under Section 22(c) of the NDPS Act was affirmed, along with the sentence of 15 years of rigorous imprisonment and a fine of Rs. 1,50,000.
Bottom line:-
Narcotic Drugs and Psychotropic Substances Act, 1985 - Compliance with procedural safeguards under Sections 42, 43, 50, 52A, and 55 of the NDPS Act - Substantial compliance of procedural safeguards suffices; minor deviations or procedural lapses do not vitiate the trial unless they go to the root of the prosecution case or cause serious prejudice to the accused.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 22(c), 35, 42, 43, 50, 52A, 55; Evidence Act, 1872 Section 293 (BNSS Section 329); Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415(2)
Sheikh Rehman Qureshi v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2890014
