Supreme Court Rejects Ex-IPS Officer Sanjiv Bhatt's Plea To Suspend Sentence In Drug Planting Case Of 1996

The case was listed today before a bench of Justices JK Maheshwari and Vijay Bishnoi.

Senior Advocate Kapil Sibal (for Bhatt) at the outset submitted that he has undergone 7 years and 3 months of sentence. The bench said that Bhatt can seek an early hearing of the matter.

"Why? I have already undergone more than half the sentence," Sibal submitted. Justice Maheshwari then pointed out that the quantity of drugs involved was quite high - 5KG. Refuting this, Sibal said that this prosecution allegation has not been proved, and the conviction was for the possession of 1.015 KG of opium. Since it was not commercial quantity, Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act will not apply, he argued.

Senior Advocate Maninder Singh, for the State, opposed the plea, saying that the facts are "gross." "He was DSP in a particular district. He gets in a conspiracy that he will finance the procurement of opium, put it in a guest house...he gives his constable money to get opium...final recovery was 1.015 but I will show 4 other kgs...commercial quantity for opium derivative is 250 gms. Seized quantity is over 1 kg! That's why 20 years."

The bench, observing that it was not inclined to entertain the matter, dismissed the application. "That means I will be inside now for 3 more years," Sibal said after the order was dictated.

Initially, Bhatt approached the Gujarat High Court for suspension of sentence and grant of bail. But his plea was rejected. "having regard to the seriousness and gravity of the offence, the rigors of Section 37 of the NDPS Act, presumption of innocence being reversed post conviction, societal impact, antecedents and position of the applicant at the time of incident, we are not inclined to consider the prayer seeking suspension of sentence and grant of bail", the High Court said.

Bhatt was arrested in September 2018 under a direction of the Gujarat High Court to the CID to probe the case in which a Rajasthan-based lawyer (Sumer Singh Rajpurohit) was alleged to have been framed by the Banaskantha police on the allegations of keeping 1.5 kg of opium at a Palanpur hotel in 1996. During that period, Bhatt served as the district superintendent of police, while IB Vyas, an inspector with the local crime branch in Palanpur, was also implicated as a co-accused in the case.

In 2021, Vyas became an approver in the case. As per the prosecution, Bhatt, along with co-accused, conspired to frame lawyer-Rajpurohit under the NDPS Act.

In March, 2024, a Sessions court at Palanpur in Gujarat's Banaskantha sentenced Bhatt to 20 years in jail. He was sentenced under NDPS Sections 21(c), 27A (punishment for financing illicit traffic and harboring offenders). A fine of Rs 2 lakh was also imposed upon him.

The Gujarat Court found him guilty under Sections 21(c), 27A, 29 (abetment and criminal conspiracy to commit offence under NDPS Act), 58 (1) and (2) (vexatious entry, search, seizure and arrest) of the NDPS Act. He was also found guilty under Sections 465 (Forgery), 471 (using forged document), 167 (public servant framing an incorrect document with intent to cause injury), 204 (secrets or destroys any document), 343 (wrongful confinement), 120B (criminal conspiracy) and 34 (acts done by several persons in furtherance of common intent) of the IPC.

The SLP has been filed through Advocates Rajesh G. Inamdar and Shashwat Anand.

Case Title: SANJEEVKUMAR RAJENDRABHAI BHATT (IPS) v. STATE OF GUJARAT, SLP(Crl) No. 15846/2025