Back
2025 Supreme(Guj) 1347
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL, JJ.
Sanjeevkumar Rajendrabhai Bhatt (IPS) - Petitioner
Versus
State Of Gujarat – Respondent
Criminal MISC. Application (For Suspension Of Sentence) No. 1 of 2024 In R/Criminal Appeal No. 1238 of 2024
Decided On : 14-07-2025
For the Petitioner: Ms. Nitya Ramakrishnan, SR. Adv With Ms. Kruti M. Shah With MS Stuti Rai, Adv.
For the Respondent: Mr J.M. Panchal, Sr. Adv. With Mr. K.J. Panchal, Adv., Mr Mitesh Amin, AAG With Mr Hardik Dave, PP With Mr KM Antani & Mr LB Dabhi, APP.
Important Points
Subject
Criminal Law - Narcotics Offenses
Act Referred
Headnote
(B) Conviction and sentencing - Applicant convicted for 20 years imprisonment under Sections 21(c) and 27(A) of NDPS Act, with the trial court finding no reasonable grounds for appeal for suspension. (Paras 3, 19)
(C) Legal principles - Conviction affirmed unless substantial inconsistencies in evidence. (Paras 17, 19)
Facts of the case:
The applicant, as District Superintendent of Police, orchestrated a conspiracy to frame an innocent individual for narcotics crimes to gain possession of his property. The trial court found the applicant guilty based on evidence from multiple witnesses and substantial planning of the offence.
Findings of Court:
The trial court held sufficient evidence establishing conspiracy and illicit actions leading to wrongful imprisonment of the victim.
Issues: Key questions included adequacy of evidence supporting conspiracy, actual conduct of the applicant, and legality of sentencing.
Ratio Decidendi: The court justified the conviction based on a robust evaluation of evidence, emphasizing the significance of the applicant's official capacity in committing the crime.
Result: Application for suspension of sentence dismissed.
| Table of Content |
|---|
| 1. criminal conspiracy for framing charges. (Para 1 , 2 , 3) |
| 2. trial court proceedings and evidence. (Para 6 , 7 , 8) |
| 3. arguments against conviction and bail. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's decision and rationale on bail. (Para 19 , 20) |
JUDGMENT :
ILESH J. VORA, J.
1. The applicant, original accused no.2 – Sanjeevkumar Bhatt was tried for the offence under Sections 17 , 18, 21, 27A, 29, 58(1) and 58(2) of Narcotics Drugs and Psychotropic Substances Act, 1985 (“the NDPS Act” for short) and Sections 116 , 120B, 167, 204, 343, 109, 465, 471, 119 read with Section 120B, 34 and109 of the IPC.
2. The applicant meticulously hatched a serious criminal conspiracy to get valuable property which was occupied by the victim (PW-15), vacated by falsely implicating him in a serious offence of narcotic. Under the direct instructions and supervision, the applicant, his subordinate police officials, procured the opium drugs narcotic substance, based on false information, planted in the hotel room and went to Rajasthan, picked up the victim at mid-night and brought him at Palanpur, Banaskantha, Gujarat. Thereafter, the victim was brought before the applicant, who bargains with him for vacating the property in lieu of being released from a serious offence of NDPS and plan was succeeded as the family members of the victim vacated the premises. The closure report under Section 169 thereafter came to be filed, inter-alia, stating that the victim is not the real person.
3. The trial court vide its order dated 28.10.2024, has convicted the applicant and sentenced him to undergo rigorous imprisonment for 20 years for the offence punishable under Sections 21 (c) and 27(A) of the NDPS Act and also sentenced under the following sections of the NDPS Act and INDIAN PENAL CODE .
| Section | Imprisonment Fine | In default |
| S.167 read with S.120(b) of IPC | R.I. for 2 Rs.5,000 years | Imprisonment for 1 month |
| S.204 of IPC | R.I. for 2 Rs.5,000 years | Imprisonment for 1 month |
| S.343 of IPC | R.I. for 2 Rs.5,000 years | Imprisonment for 1 month |
| S.467 read with S.120(b) of IPC | R.I. for 2 Rs.5,000 years | Imprisonment for 1 month |
| S.471 read with S.120(b) of IPC | R.I. for 2 Rs.5,000 years | Imprisonment for 1 month |
4. Being aggrieved by the said judgment of conviction and order of sentence, the applicant-appellant has filed appeal which came to be registered as Criminal Appeal No.1238 of 2024 and same has been admitted by this Court. During the pendency of appeal, the applicant has preferred the present application seeking suspension of substantial sentence and grant of bail.
5. The facts unfolded during the trial is stated as under:
5.1 The applicant – Sanjeevkumar Bhatt was posted as District Superintendent of Police of District: Banaskantha as being an IPS Officer, it was his regular posting at the District. He was there till 18.06.1996 and the Local Crime Branch, Banaskantha was under his supervision and control. Mr. I.B. Vyas (Approver) was P.I. of the Local Crime Branch and accused no.3 – deceased Malabhai Rabari was working as a Police Constable in the Local Crime Branch.
5.2 According to prosecution case, the accused and approver along with deceased Constable Malabhai conspired to frame one Sumersingh Rajput (PW.15) practicing advocate at Pali, Rajasthan in a false case of drugs – opium punishable under the provisions of the NDPS Act. The motive of the conspiracy was to get the vacant possession of shop no.6 allegedly occupied by the Sumersingh Rajput (PW-15) situated at Vardhman Market, Pali at Rajasthan.
5.3 In order to execute the conspiracy, on 29.04.2006, the applicant procured quantity of opium drugs by paying Rs.20,000/- to deceased – accused Malabhai Rabari, Head Constable, LCB who bought from the place referred in the papers.
5.4 Approver – Mr. I.B. Vyas was called by the applicant at his official residential bungalow and informed about the procurement of opium and where it was to be planted and further informed that he will receive the secret information from contro
