ORDER :

ILESH J. VORA, J.

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

2. These applications have been filed with a prayer for suspension to sentence and grant of bail during the pendency of instant appeals.

3. The applicants – original accused No. 1 & 2 stand convicted for the offence punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’) and sentenced to suffer 15 years rigorous imprisonment with fine of Rs.2,00,000/- vide judgment of conviction and order dated 25.11.2025 passed by the Additional Sessions Judge, Ahmedabad in Special NDPS Case No. 42 of 2023.

4. Brief facts giving rise to file present application are that, four accused persons were tried and prosecuted for the possessing and transporting the psychotropic substance mephedrone drugs.

According to prosecution case, on 05.02.2023, the police officials of SOG Ahmedabad were on patrolling in Ahmedabad city and at that time, a secrete information being received from the informer that, “two brothers namely - Himesh Garange and Monesh Garange, resident of Kubernagar, Sardarnagar, along with their companion Chanakya @ Raja have proceeded at Rajasthan to get the quantity of MD drugs from Ajay Gehlot and they have received the MD drugs from Ajay Gehlot, and they would be returning to Ahmedabad with said drugs by travelling in silver colour Ford Car having registration No. GJ-01-RW-8922 and they would be entering into Ahmedabad from Gandhinagar Koba Circle to Indira Bridge.”

It is further case of the prosecution that, the information was noted down into writing and immediately it was transmitted to higher officer. Accordingly, raid was conducted and in the presence of two panchas, the car was intercepted. In the car, on the driver seat, accused no. 3 Chanakya was found and beside him, A1 – Himesh Garange was found seated, whereas, in the back seat, the accused no. 2 – Monesh was there. The accused applicants were informed by the PW-8 B.P. Chaudhary, P.I., SOG, Crime Branch that they have right to be searched in the presence of Gazetted Officer and nearest Magistrate or before him as he was authorized and Gazetted officer. The applicants herein were given written notice about their right as referred above before the search. The accused applicants gave their consent to PW-8 for search and did not opted to be searched by the nearest Magistrate or any Gazetted Officer. The proceedings of search were being carried out in the presence of panchas. According to prosecution case during the search of A1 – Himesh, a mephedrone drug weighing 59.150 gram found from left side of pocket of his pant, allegedly filled in the plastic zip lock bag, whereas, from the search of A2- Monesh, a mephedrone drug weighing 59.090 gram found from the pocket of his pant. The commercial contraband drugs weighing 118.240, in total , seized and recovered from the applicants accused herein.

The accused persons came to be arrested. Upon registration of the complaint and after due investigation, the chargesheet for the offences as referred above was filed before the Sessions Court, Ahmedabad. After framing of the charge, the trial Court proceeded to record the evidence. In order to prove the charge, the prosecution has examined 15 witnesses and exhibited 51 documents. After hearing the parties and upon appreciation of the evidence, the accused nos. 1 to 3 have been convicted under Section 8(c), 22(c) read with Section 29 of the NDPS Act and sentenced to undergo 15 years rigorous imprisonment with fine amount.

5. Mr. Yatin Oza, learned Senior Counsel while praying for suspension of sentence and grant of bail, made following submissions :

(i) That the conviction is solely based on the recovery of the contraband drugs from the applicants herein. The complainant, who had received the information PW-8, was not empowered and authorized officer. Thus, the proceedings of search at the behest