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

1 of 2025 In R/CRIMINAL APPEAL NO. 2825 of 2025 ==========================================================

MUSTAK ALIMAHMAD SUMERA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1 MR JK SHAH, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 06/02/2026

IA ORDER

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

1. We have heard Mr.Virat Popat, learned advocate and Mr.J.K.

Shah, learned APP for the respective parties.

2. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Mustak Alimamad Sumra, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 8(c), 20(b)(ii)(C) and 29 of NDPS Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 05.08.2025 and order of sentence passed in Special NDPS Case No.9 of 2022, whereby, the applicant herein was convicted and sentenced as under: Section Imprisonment Fine In default S.8(c), 20(b)(ii)(C) R.I. for 12 years Rs.2,00,0 Imprisonment for 1 year of NDPS 00/-

4. Facts and circumstances giving rise to file present application are that five accused including the applicant accused were tried and prosecuted by the Special NDPS Court at Kutch-Bhuj for the offences punishable under Sections 8(c), 20(b) and 29 of the NDPS Act, 1985. According to the prosecution case, on 29.11.2021, the SOG Police Officer, Kutch-Bhuj received a secret information that Mamad Hussain Sama is coming to Bhuj and is having a possession of narcotic drugs and in the Bhuj City, he is in search of customer. After following the mandatory procedure on the aspect of information and other things, raiding party was formed and raid was conducted. The accused Mamad Hussain Sama A1 came on his motor-bike carrying a Marrijuana Hashis a narcotic drugs caught red-handed while dealing with the dummy customer. The quantity of drug found from the possession of A1 was 4.850 k.grams. During the interrogation of A1, it revealed that the co- accused Mustak Ali Mohammad A2, Amad Mandhara A4 and Kasham Sumbra A5 had supplied the said drug to the A1 for its sale purpose. On this input, the raid was conducted on the houses of the co-accused, but no any incriminating material found from their house. The accused A2 applicant herein during his interrogation, made a disclosure statement that he had hide the narcotic drugs in the farm of one Chandrasinh Jadeja which is 6 k.m. from away from Village Suthri. In such circumstances, on the basis of the disclosure statement of the present applicant, the remaining 8 parcels of narcotics drugs found from the corner of the farm owned by Chandrasinh Jadeja. The accused were arrested and after completion of seizure and recovery proceedings, the different chargesheets came to be filed against the five accused. The learned Special Judge by its common judgment, held guilty the accused A1 and A2 and rest of the accused have been acquitted from all the charges.

5. Learned advocate Mr.Virat Popat, appearing on behalf of the applicant while praying for suspension of sentence contended that;

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

(b) That the commercial quantity of the charas was recovered from the open farm belongs to one Chandrasinh and as per the case of the prosecution, the applicant accused was in constructive of join possession of the contraband along with accused no.1. However, facts remain that nothing was directly recovered from the applicant or conscious possession of the applicant.

c) According to the prosecution case, nothing being found from the house of the applicant,