Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
Narsangbhai Gagbhai Varsanbhai Rathvi (Nadoda- Patel) – Appellant
Versus
State of Gujarat – Respondent
ORDER :
S.V.PINTO, J.
ORDER IN CRIMINAL APPEAL:
Admit. Learned APP waives service of admission for and on behalf of the respondent State.
ORDER IN CRIMINAL MISC. APPLICATION:
1. Rule. Learned APP waives service of notice of rule for the respondent – State.
2. By way of present application under Section 430 of the BNSS the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Special NDPS Case No. 3/2021 passed by the learned Special Judge (NDPS Act), Patan at Radhanpur on 18.02.2026 whereby, the learned Judge has sentenced the applicant – original accused to undergo to rigorous imprisonment of seven years and fine of Rs. 1,00,000/-, and in default, simple imprisonment of six months for the offence punishable under Sections 18 (c) of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’).
3. Heard learned advocate Mr. Kishan Nayi for the applicant – accused and learned APP Ms. C.M. Shah for the respondent – State.
4. Learned advocate Mr. Kishan Nayi for the applicant – accused submits that the conviction and sentence is essen
Excessive duration of custody during appeal undermines constitutional rights, warranting suspension of sentence under NDPS Act when significant time has been served and appeal hearings are delayed.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
The court retains discretion to grant bail pending appeal even if the accused has not served half of the sentence, emphasizing the protection of rights under Article 21.
Point of Law : Statement under Section 67 cannot be relied upon but herein, Court are not considering to rely upon statement under Section 67 of NDPS Act, thus judgment is also not applicable in this....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
