An officer misusing his position to frame an innocent party for drug crimes constitutes a serious criminal conspiracy under the NDPS Act.

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 .

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