Gujarat High Court
Jitendra Jagdishbhai Patel vs State Of Gujarat on 28 November, 2025
NEUTRAL CITATION
R/CR.A/993/2025 ORDER DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 993 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 993 of 2025
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JITENDRA JAGDISHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. A S TIMBALIA(7372) for the Appellant(s) No. 1
MS. KRINA P.CALLA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 28/11/2025
ORAL ORDER
1. On 04.08.2025, considering the rival submissions made by the learned counsel for the respective parties, this Court had passed the order in the Criminal Misc. Application No.1 of 2025 in Criminal Appeal No.993 of 2025, observing as under :
"9. Having considered the arguments advanced by learned advocate Mr.Anik Timbalia appearing for the applicant-convict as well as taking into consideration the fact regarding non-compliance of the directions issued by this Court vide order dated 10.03.2025 passed in Criminal Revision Application No.353 of 2025, by the trial court, it appears that the remarks in this regard are required to be called for from the concerned trial court as well as the learned APP who conducted the matter.Page 1 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025
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10. Registry is, therefore, directed to call for the remarks of the concerned trial court through the learned Sessions Judge, Surat, and the learned APP through the DGP, Surat, as to which were the prevailing circumstances which lead to the disposal of the case without even taking into consideration the directions issued by the Coordinate Bench of this Court vide order dated 10.03.2025 passed in Criminal Revision Application No.353 of 2025."
2. Pursuant to the directions issued by this Court, the registry has placed on record the remarks dated 18.08.2025 of the learned Presiding Officer, Special Court Judge (NDPS), Surat, and the learned Additional Public Prosecutor Mr.J.N.Pardiwala, who conducted the trial before the Special Court.
3. On 26.09.2025, learned advocate Mr.Devansh N.Kakkad for Mr.A.S.Timbalia, learned advocate appearing for the applicant, had produced a set of additional documents, and Mr.K.I.Modi, Police Inspector, DCB Police Station, Surat, who was present in the court, was directed to file affidavit on or before 01.10.2025, and pursuant to the said direction, Mr.Modi had filed the affidavit on 07.10.2025, which was ordered to be taken on record.
4. On 10.11.2025, learned Additional Public Prosecutor of the trial court Mr.J.N.Pardiwala had voluntarily remained present Page 2 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025 NEUTRAL CITATION R/CR.A/993/2025 ORDER DATED: 28/11/2025 undefined before the court, and the submissions advanced by both the sides were considered.
5. On 11.11.2025, learned APP Ms.Krina P.Calla appearing for the respondent - State had tendered a letter dated 11.11.2025 sent by Mr.J.N.Pardiwala, learned Additional Public Prosecutor of the trial court and had submitted that Mr.Pardiwala seeks time to place on record his further explanation.
6. It is made clear that this Court had not directed Mr.J.N.Pardiwala, learned Additional Public Prosecutor, to remain present or to submit his further explanation. However, since he had voluntarily requested, his request was acceded to. In turn, he has submitted his written explanation on 12.11.2025, which is ordered to be taken on record.
7. On bare perusal of the remarks dated 18.08.2025 filed by the learned Presiding Officer, Special Court Judge (NDPS), Surat, as well as the remarks dated 18.08.2025 and the written explanation dated 12.11.2025 of the learned Additional Public Prosecutor of the trial court Mr.J.N.Pardiwala, there appears Page 3 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025 NEUTRAL CITATION R/CR.A/993/2025 ORDER DATED: 28/11/2025 undefined major contradictions. Further, on conjoint reading of the remarks of the learned Presiding Officer and the learned Additional Public Prosecutor along with the affidavit dated 07.10.2025 filed by the Police Inspector, DCB Police Station, Surat, it appears that there are several inconsistencies in their version.
8. It is evident from the materials on record that a Coordinate Bench of this Court (Coram: Hasmukh D.Suthar.J.), vide order dated 10.03.2025 passed in Criminal Revision Application (against order passed by subordinate court) No.353 of 2025, observed thus :
"6. Considering the importance of a fair trial and the applicant's right to present his defense, this Court found it appropriate to direct the production of the muster roll dated September 23 to 25, 2023. The court noted that this document is a public record available in a public office and that obtaining a certified copy would serve the purpose without causing undue delay.
7. The applicant is permitted to apply to the DCB Police Station in Surat to obtain a certified copy of the muster roll for the specified dates. Upon receiving the copy, the applicant may produce it before the learned Sessions Judge. The Sessions Judge is directed to accept the copy, allowing both parties to make their submissions regarding its contents.
8. If the applicant approaches the in-charge of the DCB Police Station for the certified copy of the muster roll dated Page 4 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025 NEUTRAL CITATION R/CR.A/993/2025 ORDER DATED: 28/11/2025 undefined September 23 to 25, 2023, the officer is directed to provide the same at the applicant's expense as expeditiously as possible."
9. On 11.03.2025, an application Exh.100 was moved before the trial court by the learned advocate appearing for the applicant-accused, inter alia, specifically stating that since the Coordinate Bench of the High Court has issued the aforementioned directions to the trial court, the matter may be adjourned till the compliance of the order passed by the High Court is made by the trial court.
10. It also appears that the learned Additional Public Prosecutor of the trial court Mr.J.N.Pardiwala had also made an endorsement on the said application that since the inquiry is necessitated concerning the said matter, it may appropriately be adjourned.
11. After considering the application Exh.100 as well as the endorsement made by the learned Additional Public Prosecutor Mr.J.N.Pardiwala, the trial court adjourned the matter on the next day, i.e. on 12.03.2025, and directed the learned APP Mr.Pardiwala to inquire into submissions made by the learned Page 5 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025 NEUTRAL CITATION R/CR.A/993/2025 ORDER DATED: 28/11/2025 undefined advocate for the applicant-accused in the said application Exh.100 and to report the same sharply at 11:00 a.m. on 12.03.2025.
12. It is evident from the record that on 12.03.2025, the Police Inspector, DCB Police Station, Surat, Mr.K.I.Modi, had remained present in the court and submitted that the information sought for by the applicant through RTI is not applicable to and exempts the Police Commissioner, Crime Branch, under Section 24(4) of the Rights to Information Act, 2005, and the Notification issued by the Home Department bearing No.S.B-1/102001/ 8203/GOI-62 dated 25.10.2005. Further, as per the circular by the Police Commissioner, the information sought for by the applicant-accused cannot be provided.
13. It is needless to say that any circular issued by the Police Commissioner cannot prevail over the specific directions issued by the High Court on its judicial side.
14. Immediately thereafter on the same day, i.e. on 12.03.2025, without even verifying the factum as to the directions issued by the Coordinate Bench of the High Court, Page 6 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025 NEUTRAL CITATION R/CR.A/993/2025 ORDER DATED: 28/11/2025 undefined though the Youtube link of the live-streaming of the Coordinate Bench of the High Court was provided, the trial court hastily pronounced the judgment, convicting the applicant-accused for the alleged offence and sentencing him to undergo imprisonment for ten years.
15. Considering the aforesaid, it prima facie appears that the learned Presiding Officer, acting in an unnecessary haste, decided the case ignoring the directions issued by the Coordinate Bench of this Court vide order dated 10.03.2025 passed in Criminal Revision Application No.353 of 2025, which is not proper. The rule of law requires a fair opportunity to defend oneself, which is a cornerstone of due process and natural justice.
16. Judicial discipline expects that when the trial court has been specifically informed that the High Court has passed certain directions, then the trial court is duty bound to verify the same before pronouncing the judgment. It appears that the learned APP Mr.Pardiwala of the trial court and the Police Inspector Mr.Modi have not reported the true facts before the trial court.
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17. On the facts and in the circumstances of the case, the judgment and order of conviction and sentence dated 12.03.2025 passed by the learned Special Judge (NDPS) and 12 th Additional Sessions Judge, Surat, in Special (NDPS) Case No.11 of 2024, is hereby quashed and set-aside.
18. The matter is remanded back to the trial court. The learned Special Judge (NDPS), Surat, is directed to consider the case afresh after complying with the directions issued by the Coordinate Bench of this Court vide order dated 10.03.2025 passed in Criminal Revision Application No.353 of 2025, and after affording sufficient opportunity to the accused to defend.
19. It is, however, clarified that this Court has not gone into the merits of the case.
20. In view of the aforesaid order, no order is required to be passed in the Criminal Misc. Application for suspension of sentence, and the same stands disposed of accordingly.
(VIMAL K. VYAS, J.) /MOINUDDIN Page 8 of 8 Uploaded by M.A. SAIYED(HC00172) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:44:03 IST 2025