IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 614 of 2026 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2026 In R/CRIMINAL APPEAL NO. 614 of 2026 ==========================================================

PARTH GANESH MANDALIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

RONITH JOY(9560) for the Appellant(s) No. 1 MS. C.M SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 27/03/2026

ORAL ORDER

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 Ms. C.M. Shah 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. 17/2020 passed by the learned Special Court Judge (NDPS) & 10th Additional Sessions Judge, Surat on 04.12.2025 whereby, the learned Judge has sentenced the applicant – original accused to undergo to rigorous imprisonment of ten years and fine of Rs. 1,00,000/-, and in default, simple imprisonment of one year for the offence punishable under Sections 8(c) read with 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act).

3. Heard learned advocate Mr. Ronith Joy for the applicant – accused and learned APP Ms. C.M. Shah for the respondent – State.

4. Learned advocate Mr. Ronith Joy for the applicant – accused submits that the conviction and sentence is essentially under Sections 8(c) read with Section 20(b)(ii)(c) of the NDPS Act. Learned advocate submits that the applicant was arrested on 16.01.2020 and out of ten years sentence, the applicant has already completed more than half of the awarded sentence i.e. substantial period of 6 years, 1 month and 15 days in jail. In support of his submission, learned advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110, Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421. Learned advocate further submits that the present appeal is not likely to be heard in near future and hearing of the same would take a long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with hardened criminals. The applicant has a good case on merits and hence, the execution of order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

5. Learned APP for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted the jail remarks which shows that the applicant has undergone 6 years, 1 month and 15 days in jail and that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence and has requested this Court to dismiss the present application.

6. The Apex Court, in the case of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110, has observed in Paragraph Nos. 12 and 13, as under:

“12. We appreciate the submission of the Additional Solicitor General that offences under the NDPS Act are of a serious nature and the case is at the post conviction stage. Yet the Court cannot be unmindful of the fact that the appellant has undergone 8 years out of the total sentence of 10 years. The appeal is unlikely to be heard early. In all probability, the entire sentence would have been undergone by