Gujarat High Court
Nilesh Dayaldas Shirumal Kewlani vs State Of Gujarat on 17 November, 2025
NEUTRAL CITATION
R/SCR.A/3347/2024 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3347 of 2024
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NILESH DAYALDAS SHIRUMAL KEWLANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ANSH D TRIVEDI(14221) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 17/11/2025
ORAL ORDER
1. By filing the present petition under the Article 226 of the Constitution of
India read with Section 482 of the Cr.P.C., the petitioner has prayed for the
following reliefs: -
"10. a) To quash and set aside the FIR being I-C.R. No. 11191015220810 of
2022 at Annexure-A, registered with Nikol police Station, Ahmedabad rural
and also be pleased to quash and set aside the subsequent proceedings arising
out of the said FIR and further be pleased to pass all other incidental and
consequential orders;
(b) To quash and set aside the charge sheet being charge sheet No. 27 of 2023
and also be pleased to quash and set aside the Criminal Case no. 8454 of 2023
pending before the Ld. Judicial Magistrate First Class Ahmedabad Rural and be
pleased to quash and set aside the subsequent proceedings arising out of the
said criminal case and further be pleased to pass all other incidental and
consequential orders;
(c) Pending admission, final hearing and disposal of this petition, to stay further
proceedings of the Criminal case no. 8454 of 2023 pending before the Ld.
Judicial Magistrate First Class Ahmedabad Rural and be pleased to pass all
other incidental and consequential orders;
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d) To pass any other and further orders that may be deemed fit and proper in
the interest of justice."
2. Learned Advocate appearing for the petitioner has submitted petitioner
herein has been falsely implicated in commission of the offence in question. In
fact, the Police authorities had carried out the raid at the place of the other co-
accused on the basis of some secret information and said information was
found possessing certain E-cigarette which was a prohibited article under the
provisions of the Prohibition of Electronic Cigarettes Act, 2019 (hereinafter to
be referred to as 'the Act'). During the course of investigation, the said co-
accused disclosed before the Police authorities that he had procured those E-
cigarettes from the petitioner and on the basis of the said information provided
by the co-accused, the Police authorities had carried out the search at the
premises of the petitioner. However, nothing objectionable was recovered from
the premises of the petitioner. The co-accused had given the name of the
petitioner because of some rivalry. There is nothing on record to show that the
applicant either having imported those E-cigarettes or having sold those E-
cigarettes to the co-accused. He submitted that as per the provisions of Section
25 of the Evidence Act, the statement made by the co-accused is not admissible
against the petitioner. There is no sufficient material to prosecute the petitioner
for the offence in question. He, therefore, submitted to allow the present
petition and quash and set aside the FIR in question qua the petitioner. Learned
Advocate appearing for the petitioner has sought to rely upon the judgment of
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R/SCR.A/3347/2024 ORDER DATED: 17/11/2025
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the Hon'ble Apex Court in case of State of Haryana And Ors. Versus
Bhajan Lal And Ors reported in 1992 AIR 604.
3. Learned APP has opposed the present petition.
4. Heard learned Advocates for the parties. The FIR in question came to be
lodged against the other co-accused as well as the petitioner for an offence
punishable under Section 7 and 8 of the Act. The other co-accused was found
in possession of several E-cigarettes and it was disclosed by him that he had
procured those E-cigarettes from the petitioner and on that basis, the petitioner
has been arraigned as an accused in the present offence. The Investigating
agency has also filed the charge-sheet against the petitioner for those offences.
It is sought to be contended that the petitioner is sought to be arraigned as an
accused on the basis of the statement of the co-accused in absence of any other
material and the statement of the co-accused is not admissible in evidence. This
defense would be available to the petitioner during the course of trial. At this
stage what is required to be seen is as to whether the ingredients of an offence
alleged against the petitioner are made out or not. From the facts narrated in the
FIR, it prima-facie appears that the petitioner herein had provided the E-
cigarettes to the other co-accused which in itself is an offence under the Act.
Having regard to these aspects, the ingredients of an offence against the
petitioner are clearly made out. Now, whether there is sufficient material to
convict the petitioner for the said offence or not, is required to be considered at
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R/SCR.A/3347/2024 ORDER DATED: 17/11/2025
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the stage of trial. At this stage, it cannot be said that no offence is made out
against the petitioner. Having regard to these aspects, no case is made out.
Hence, the present petition is dismissed.
(M. R. MENGDEY,J)
RAVI OZA
