IA ORDER

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

1. We have heard Ms. Urvashi Mehta, learned advocate and Mr. L.B. Dabhi, learned APP for the respective parties.

2. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 24.11.2025 and order of sentence passed in NDPS Case No.4 of 2019, whereby, the applicant herein was convicted and sentenced as under:

Section	Imprisonment	Fine	In default
S.8(c) read with S.22(c) of NDPS	R.I. for 15 years	Rs.1,00,000/-	Imprisonment for 6 months

4. Facts and circumstances giving rise to file present application are that two accused persons viz. Mahesh Karshanbhai and Imtiyaz Dodhiya were tried and prosecuted for the offences punishable under the NDPS Act. As per the prosecution case, on 16.11.2018, the police official of SOG Branch, Rajkot were on patrolling and during the patrolling, P.I. Mr.Rana, received the secret information that “the two accused persons viz. Mahesh Karshanbhai and Imtiyaz Dodhiya, resident of Jangaleswar, Rajkot traveling on Hero Honda bike without registration number having in illegal possession of narcotics substance and they were proceedings towards Gebanshah Dargha situated at National Highway with an intention of selling the contraband.” Upon receiving the information and after following the mandatory procedure, raid was conducted and two accused persons as referred above, apprehended with the commercial quantity of opium derivative (morphine/heroin). So far as the applicant Mahesh is concerned, he was found with 262.540 grams drugs in his possession. Upon filing of the complaint and chargesheet, both the accused had been tried by the Trial Court. It is relevant to note that the final FSL report Exh.62, says that the contents of the contraband are

(i) Paracetamol, (ii) Alprazolam, and (iii) Chlorzoxazone (as per chemical nomenclature).

The FSL further reported that Alprazolam is a psychotropic substance prohibited under the NDPS Act. Accordingly, charge was amended after giving an opportunity to the accused and thereafter, the trial proceeded to record the evidence. In such circumstances, at the conclusion of the trial, both the accused persons have been convicted under Section 8(c) read with Section 22(c) of the NDPS Act and sentenced to undergo 15 years rigorous imprisonment with fine.

5. Ms. Mehta, learned counsel appearing for the applicant while praying for suspension of sentence and grant of bail, contended that:

(i) There was total non-compliance of Sections 42, 43, 50 and 52(A) of NDPS Act in conducting the search and seizure.

(ii) The incarceration period is 7 years and 3 months and chances of early hearing of the appeal before the accused completes his entire sentence is remote.

(iii) The seized drugs as per the FSL Report, is not opium doribative, but it contains, paracetamol, alprazolam and chlorzoxazone and admittedly, this contents would be used for medical purpose and therefore, the conviction under Section 22(c) is not sustainable and on the sentence part, there are chances of lesser offence.

6. In such circumstances as referred to above, Ms. Mehta would urge that, there are chances in succeeding the appeal and the adjudication of the appeal will take considerable time and therefore, the prayer for suspension of sentence and grant of bail with the appropriate condition may be considered.

7. On the other hand, Mr. Dabhi, learned APP has supported the impugned judgment and order of conviction as passed by the trial court and further contended that, there was a substantial compliance of mandatory provisions of the NDPS Act and any lapse of technical issues can be treated as procedural irre

Click Here to Read the rest of this document