IMPORTANT POINTS
(1) Bail – Courts are not expected to accept every allegation made by prosecution as a gospel truth.
(2) Bail application – Disclosure statement of applicant and other co-accused persons without corroboration is not permissible as evidence – Mere contact with other co-accused person who was found in possession of contraband cannot be treated to be corroborative material in absence of substantive material found against accused.

JUDGMENT

The present application is filed seeking regular bail in Case No. VIII/39/DZU/2022 registered at Police Station Narcotics Control Bureau for offences under Sections 8(c), 21(c), 22(c), 23, 25, 27A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).

2. It is alleged that on 27.04.2022, on the basis of a secret information, the NCB team seized 50 kg heroin, 47.06 kg suspected narcotic drugs/ psychotropic substances and Rs.30 lakh cash and other articles from the house of the accused – Razi Haider Zaidi at F-86, 3rd Floor Abul Fazal Enclave, Jamia Nagar, New Delhi.

3. During the course of investigation, accused - Razi Haider Zaidi tendered his voluntary statement thereby admitting to his role in the manufacturing of heroin in one of his godown taken on rent at Muzaffarnagar. He further disclosed that he was in contact with one Shahid (stated to be the main conspirator) based in Dubai. He further admitted that he could identify other co-accused persons who are involved in the commission of the crime.

4. On the basis of the disclosure statement of the accused - Razi Haider Zaidi, two Afghan nationals namely Qari Hamidullah and Mohammad Haikim Salimi were apprehended from Bhogal, New Delhi on 28.04.2022. In their disclosure statements co-accused Qari Hamidullah and Mohammad Haikim Salimi admitted that they went to the Muzaffarnagar godown maintained by accused - Razi Haider Zaidi and processed 200 kgs of heroin.

5. During the course of investigations, the statement of the applicant was recorded under Section 67 of the NDPS Act wherein he disclosed that he had come to India in the year 2015 on tourist visa and had not returned and was still staying in India on UNHCR card. He disclosed that he had visited Muzaffarnagar on 07.03.2022 to deliver chemical container to co-accused Razi Haider and Avtar Singh@Sunny. He disclosed that he had imported two chemical containers in December 2021, and February, 2022.

6. The applicant disclosed that he imported the containers in the name of his friend’s company M/s Filos India Enterprises. He disclosed that the container imported by him in December, 2021 at Mumbai was detained by DRI, however, the second container was released from Chennai. The applicant disclosed that he had received a telephone call from one Nadir from Iran who instructed him to take the container to Muzaffarnagar and also provided the number and address of the godown owner. The applicant stated that the godown owner disclosed his name as ‘Haider’ and also sent his photo and location to the applicant. He stated that the consignment at the godown was received by two persons namely ‘Haider’ and ‘Sunny’. He further stated that he received the payment from Nadir for clearance of container and its expenses and identified the co-accused persons Razi Haider and Avtar Singh@Sunny. The applicant further disclosed the address of one Dinto (owner of the firm Phillos India Enterprises).

7. It is alleged that upon the analysis of CDR of the mobile number of the applicant, it was found to be in contact with the numbers used by the co-accused persons Razi Haider and Avtar Singh@Sunny. Further, the location of the mobile number used by the applicant on 07.03.2022 at the time of delivery was found to be similar to the one used by co-accused Razi Haider Zaidi.

8. During the course of investigation, Dinto disclosed that he was running a company under the name of Phillos India Enterprises and was indulged in the business of import and export. He disclosed that he imported two containers of chemicals from Iran on the direction of the applicant. He disclosed that out of the two containers one had been detained by DRI Mumbai, and the second was also detained by customs Chennai. The second container was however released by the customs after the payment of the custom duty. He further disclosed that the second container was sent to Muzaffarnagar as per the instructions of the applicant. He further disclosed that the enti