IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

2 of 2025 In R/CRIMINAL APPEAL NO. 2959 of 2025 ==========================================================

MAZHARHUSAIN GULAMHUSAIN TEJABWALA Versus STATE OF GUJARAT ==========================================================

Appearance:

Ms DIPIKA P BAJPAI(8365) for the PETITIONER(s) No. 1 MR BHARGAV PANDYA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 09/02/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned APP waives service of Rule on behalf of respondent-State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430(1) of BNSS, 2023, the applicant Mazharhusain Gulamhusain Tejabwala, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections

8(C), 22(C) and 29 of N.D.P.S. Act, 1985.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 28.07.2025 and order of sentence passed in Special N.D.P.S. Case No.37 of 2019, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file appeal as well as this application are that, nine accused including the applicant Mazharhusain Tejabwala (accused no.1), were tried and prosecuted under the provisions of N.D.P.S. Act. According to prosecution case, on 27.09.2019, the officials of Crime Branch, Ahmedabad received information that, Imran Ajmeri and Sahejad Tejabwala (A3 & A4) are doing narcotic business in Ahmedabad by importing it from outside. The information further received by the officials that, some of the parcels of the drugs are coming in Neeta Travels bus and at the pick-up bus stand situated on S.G. Highway, Imran Amjeri and Sahejad Tejabwala or its aids will be coming for its delivery. In such circumstances, raiding party was formed and during the raid, the applicant Mazhar Tejabwala and Imtyaz Shaikh caught red handed while accepting the parcel from the conductor of the bus. The contraband drugs was identified as “Methamphetamine” which is narcotic drug under the NDPS Act and the quantity seized was 1. 469 kilogram. The market value assessed was Rs.1,46,90,000/-. During the inquiry, it was revealed that, the accused Imran Ajmeri and Sahejad (A3 and A4) purchased the contraband from Goa and Mumbai and for retail distribution, it was brought to Ahmedabad via Travel bus. In such circumstances, in all, 9 accused after due investigation, came to be chargesheeted. The City Sessions Court, on the basis of different chargesheets, proceeded to record the evidence in Special NDPS Case No.37 of 2019. In order to prove the charge, the prosecution has examined as many as 32 witnesses and relied on 116 documents. The Sessions Court, by its common judgment, held guilty the accused no.1 and 2 i.e. present applicant Mazharhusein and Imtyaz Shaikh for possessing the commercial quantity of narcotic drugs and sentenced them to suffer 15 years rigorous imprisonment with fine amount.

5. Learned advocate Ms. Dipika Bajpai, appearing on behalf of the applicant while praying for suspension of sentence contended that:

(i) there was total non-compliance of mandatory provisions of the NDPS Act in conducting the search and seizure;

(ii) the prosecution case is vitiated because of non-

compliance of Section 52 of NDPS Act;

(iii) the name of the applicant was not found in the secret information and on the parcel also;

(iv) the son of the appellant Sahejad Tejabwala(accused no.4) and his friend Imran Ajmeri (accused no.3) were News Reporters and used to publish articles on narcotics against the Crime Branch and in that view of the matter, with all pre-plan, the applicant and others falsely implicated in the alleged crime and the said plea in their 313 statement being specifically ra