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;Page 1 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:01:06 IST 2025
NEUTRAL CITATION R/SCR.A/3347/2024 ORDER DATED: 17/11/2025 undefined
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 Page 2 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:01:06 IST 2025 NEUTRAL CITATION R/SCR.A/3347/2024 ORDER DATED: 17/11/2025 undefined 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 Page 3 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:01:06 IST 2025 NEUTRAL CITATION R/SCR.A/3347/2024 ORDER DATED: 17/11/2025 undefined 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 Page 4 of 4 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 22:01:06 IST 2025