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2020 Supreme(SC) 84

L.NAGESWARA RAO, DEEPAK GUPTA
SUJIT TIWARI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
for the Appellant :Sidharth Dave, Piyush Chhabra, Priyanker Tiwari, Brijendra Singh, Subhash Chhabra, Advocate, Sapra Sharma, R.N.Pareek, P.K .Sinha, Saurabh Mishra, Vishal Kumar, Advocate, Saumya Gupta, Anoop Kr. Srivastav, Advocates
For the State :Sunita Sharma, B. V. Balaram Das, Advocates.

JUDGMENT

Deepak Gupta, J.

This bail application has been filed by one of the accused and we are giving the facts necessary only for the decision of his case.

2. The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of a ship MV Hennry. Therefore, the Indian Coast Guard took their own ship and intercepted the vessel on 29.07.2017. The intercepted vessel MV Hennry was flying a flag of Panama. The Master of the ship was one Suprit Tiwari, and there were 7 other crew members, all Indian nationals. The Master and the crew members were not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. Abu Dhabi in U.A.E. or for the next port of call, i.e., Bhavnagar in Gujarat. It is alleged that the Master Suprit Tiwari when questioned admitted that they were carrying contraband substance in the nature of narcotics in the ship. He identified the locations and approximately 1445 kg of narcotics substance in 1526 packets was recovered. This was hidden in two cavities modified in the two tanks on both sides at stern of the vessel and also in the bollards and railings on both sides of the


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