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HAMIDKHAN MEHBUBKHAN PATHAN v. STATE OF GUJARAT

Supreme Court of India | Diary 56766/2025

Status

Order

Decided On

2025-12-18

Bench

HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE MR. JUSTICE ALOK ARADHE

Petitioner

HAMIDKHAN MEHBUBKHAN PATHAN

Respondent

STATE OF GUJARAT

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Full Judgment Text

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025 (arising out of SLP(Crl.) No. 16097/2025)

HAMIDKHAN MEHBUBKHAN PATHAN

APPELLANT(S)

VERSUS

STATE OF GUJARAT RESPONDENT(S)

O R D E R

Leave granted.

The appellant, Hamidkhan Mehbubkhan

Pathan, is aggrieved by the judgment and

final order dated 01.09.2025 passed by the

High Court of Gujarat at Ahmedabad in

R/Crl. Misc. Application No. 15238/2025,

denying him regular bail in connection

with First Information Report (FIR) No.

11191038240041 dated 18.01.2024 registered

with Police Station – Vatva, District –

1

Ahmedabad City, Gujarat, for the offences

punishable under Sections 8(c), 22(c) and

29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985.

The State of Gujarat filed its

counter affidavit/reply.

The appellant, Hamidkhan Mehbubkhan

Pathan, has been in prison since

18.01.2024 and the charge against him is

in relation to the seizure of 50.620 gms

of Mephedrone. We may note that the

commercial quantity prescribed in the NDPS

Act, in relation to Mephedrone is 50 gms.

It is not clear whether the

container/packet in which the 50.620 gms

of mephedrone was stored was weighed

separately and, if so, whether the actual

amount of seized quantity would qualify as

being above the commercial quantity.

That being one aspect of the matter,

we are informed tha...

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