Modification of IA Order dtd.

0.8491315329940996 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD [On note for speaking to minutes of order dated 20/01/2026 in R/CR.A/1865/2025 ]

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 1865 of 2025 ==========================================================

RAJA RAMIZ SABBIR AHMEDKHAN Versus UNION OF INDIA & ANR.

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Appearance:

MR.SUBHASH G BAROT(2619) for the PETITIONER(s) No. 1 MR HARNISH V DARJI(3705) for the RESPONDENT(s) No. 1 MR RONAK RAVAL, APP for the RESPONDENT(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 16/02/2026

IA ORDER

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

1. Considering the averments made in the Note for Speaking to Minutes, the same is allowed.

2. The word “20(c)” in paragraph-2 of the order dated 20.01.2026 passed by this Court be substituted and be read as word “20(b)” and the words “20(c)” and “R.I. for 20 years” in para-3 be substituted and be read as words “20(b)” and “R.I. for 12 years”

3. Registry to carry out the necessary corrections in the order and issue a fresh writ of the same. Rest of the order shall remain unaltered.

(ILESH J. VORA,J)

(R. T. VACHHANI, J)

TAUSIF SAIYED

0.8491315329940996 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 1865 of 2025 ==========================================================

RAJA RAMIZ SABBIR AHMEDKHAN Versus UNION OF INDIA & ANR.

==========================================================

Appearance:

MR.SUBHASH G BAROT(2619) for the PETITIONER(s) No. 1 MR HARNISH V DARJI(3705) for the RESPONDENT(s) No. 1 MR VINAY VISHAN, APP for the RESPONDENT(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 20/01/2026

IA ORDER

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

1. We have heard Mr.Subhash Barot, learned advocate and Mr.Vinay Vishan, learned APP for the respective parties.

2. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – original accused no.3 - Raja Ramiz Sabbir Ahmedkhan, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 8(C), 20(c) and 29 of the NDPS.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 27.02.2025 and order of sentence passed in NDPS Case No.23 of 2021, whereby, the applicant herein was convicted and sentenced as under:

0.8491315329940996

4. Facts and circumstances giving rise to file present application are that the Narcotics Control Bureau, Ahmedabad had received information on 20.01.2021 at about 09:00 hours, that “three persons viz. Moin Ul Ashraf, Mohammad Irfan Chopan and Raja Ramizkhan are traveling to Mumbai from Jammu and Kashmir in truck bearing Registration No.JK-13-F-4922 and about 23 k.grams of charas, a Narcotics Drugs is being transported in the said truck by concealing it inside. Moin Ul Ashraf, the driver of the truck will deliver the above the Narcotic Drugs to one person Avesh Hashim Pathan resident of Memanbad, Porbandar, Gujarat at any place between Unjha, District Mehsa to Ahmedabad.”

After receiving the said information, the Intelligence Officer, NCB, Ahmedabad informed the Higher Authority and as per the direction, the raid was conducted and accordingly, on 20.01.2021 at about 19:30 hours, in the presence of independent two panchas, the truck was intercepted and upon preliminary inquiry, it was revealed that the three persons viz. Driver, Moin Ul Ashraf (A1), Mohammad Irfan and Raja Ramizkhan (A2) and (A3) found in the cabin of the truck and upon extensive search of the truck, the Narcotic Drugs Charas, filled in the cartoon box underneath the