Gujarat High Court
Paramjitsinh @ Pampo @ Sunny @ Gora ... vs State Of Gujarat on 5 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/23042/2025 ORDER DATED: 05/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 23042 of 2025
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PARAMJITSINH @ PAMPO @ SUNNY @ GORA BALVIRSINGH
FOJASINGH
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/03/2026
ORAL ORDER
1. Heard learned advocate Mr.J.H. Sindhi appearing on behalf of the applicant, learned Additional Public Prosecutor Pranav Dhagat appearing on behalf of the respondent -State.
2. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being CR No.11200050221024 of 2022, registered with Nana Pondha Police Station, District : Valsad, for the offence punishable under Sections 8(C), 15(C) and 29 of the NDPS Act, 1985.
3. The present being a case whereby the applicant is stated to have been apprehended with a commercial quantity of the contraband - LSD and with a small quantity of contraband Ganja. Page 1 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026
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4. Having heard the Learned advocate for the applicant learned APP, Mr. Dhagat, and having perused the documents on record, including the charge sheet papers as well as the affidavit of the investigating officer filed before the learned Sessions Court, which is a summary of the charge sheet, this Court is not inclined to consider this application for the following reasons :
(i) The offence being very serious inasmuch as contraband poppy straw, weighing around 2148 kilograms, was being transacted by the accused.
(ii) It would appear, in this regard that contraband had been found in a container truck, which had been intercepted by the police officials on 10.09.2022.
(iii) It would appear that in the FIR, the accused, who were caught in conscious possession, were asked the person who had supplied the the contraband in question, and whereas it would appear that the co-
accused, who were found in conscious possession, were given a mobile number and had also named one person, Sunny, as the person who had supplied the Page 2 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026 NEUTRAL CITATION R/CR.MA/23042/2025 ORDER DATED: 05/03/2026 undefined contraband material.
(iv) It would appear that the Investigating Officer had followed up the investigation, as far as the accused, Sunny, is concerned, and had gone to Punjab to apprehend the said accused, and whereas the present applicant had been apprehended on 01.07.2024, i.e., approximately 22 months after the FIR had been registered.
(v) While, learned Advocate, Mr. Sindhi, would attempt to submit that the present applicant has been falsely implicated, inasmuch as, according to learned Advocate, while the applicant was already under incarceration in a jail, in the state of Punjab, the Investigating Officer had arraigned his name in the list of accused.
(vi) Learned advocate would submit that neither the SIM card of the number, which had been given by the co-accused, who were found in conscious possession, belongs to the applicant, nor does it belong to any Page 3 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026 NEUTRAL CITATION R/CR.MA/23042/2025 ORDER DATED: 05/03/2026 undefined family member of the present applicant, and whereas, it is further submitted that the applicant is not the person using the mobile number, and therefore, the present applicant ought not to have been arrested in the offence at all.
(vii) Learned advocate submitting that the applicant having been wrongly arrested, this Court may release the present applicant on regular bail.
(viii) This Court, having considered this submission, is of the view that at this stage, the same cannot be countenanced, and the investigation, inter alia, revealing that the Investigating Officer had gone to Punjab in search of the present applicant, and whereas, the investigating officer had based his investigation on three different mobile numbers, which had been given by the persons in conscious possession.
(ix) It would appear that upon following up the mobile numbers, which had been provided by the Page 4 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026 NEUTRAL CITATION R/CR.MA/23042/2025 ORDER DATED: 05/03/2026 undefined persons in conscious possession, the Investigating Officer had zeroed in on the present applicant, and whereas, though the Investigating Officer had gone to the State of Punjab for investigation in the month of September, 2022, i.e., immediately after the FIR was filed, yet, the present applicant could be arrested in connection with the present offence in the month of July 2024, more particularly, on transfer warrant.
(x) It would also appear that the Investigating Officer, having traced the users/owners of the mobile number, could come to a prima facie conclusion that the present applicant is the person who had been named as Sunny @ Gowra by the co-accused, who had found in conscious possession.
(xi) To this court, it would appear that as far as the identity part is concerned, the Investigating Officer having investigated the offence, and having apprehended the present applicant, a submission that the present applicant is not the said person Sunny, cannot not be countenanced, more particularly, Page 5 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026 NEUTRAL CITATION R/CR.MA/23042/2025 ORDER DATED: 05/03/2026 undefined according to the Investigating Officer, the present applicant being named as Sunny @ Gowra, and his full name was Paranjith @ Pampo @ Sunny @ Gowra Balveer Singh, residing at village Dolewal, Taluka :
Dharamkot, District Moga, State of Punjab.
(xii) It also requires to be mentioned here that the present applicant, who is stated to be the supplier of the contraband, is named as an accused in two separate offences in the State of Punjab, and whereas, while the applicant has been bailed out in one of the offences and he is stated to be in custody in the second offence of the year 2022.
(xiii) It would thus appear that the present applicant not being bailed out in the second offence, could be the result of the contraband material which was seized from the present applicant at the relevant point of time, being beyond commercial quantity, i.e., triggering the bar under section 37(1)(b)(ii) of the NDPS Act.
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(xiv) In the instant case also, while the contraband recovered poppy straw weighing around 2148 kilograms, and whereas the commercial quantity of the said material being 50 kilograms, whereas, the contraband found being more than 40 times above the commercial quantity.
5. Considering the same, since the offence appears to be very serious, and prima facie, the role of the present applicant as a principal supplier also coming out in the investigation, and since the present applicant is named into a NDPS offences in the State of Punjab, the twin requirements under section 37(1)(b)(ii) not being fulfilled, the present application stands disposed of as rejected.
6. Learned advocate has submitted that the trial has not progressed, even though the present applicant is in custody since 01.07.2024. To this Court, it would appear that the present applicant, having been apprehended in the month of July 2024, though the FIR was of the year 2022, could not be heard saying that the trial of the 2022 offence has not proceeded. In spite of Page 7 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026 NEUTRAL CITATION R/CR.MA/23042/2025 ORDER DATED: 05/03/2026 undefined the above, to ensure that the period of incarceration may not turn out into a pretrial conviction, the learned trial court is directed to expedite the trial, more particularly considering the duration of the incarceration, albeit subject to other pendencies.
(NIKHIL S. KARIEL,J) KUMAR ALOK Page 8 of 8 Uploaded by KUMAR ALOK(HC01091) on Mon Mar 16 2026 Downloaded on : Fri Mar 20 22:32:12 IST 2026