Back
2015 Supreme(Guj) 103
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B.PARDIWALA, J.
INAYATKHAN @ ILYASKHAN BISMILLAHKHAN PATHAN....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18996 of 2014
Decided On : 12/02/2015
Advocate Appeared:
MR HASHIM QURESHI, ADVOCATE for the Applicant(s) No. 1
MR KT DAVE, ADVOCATE for the Respondent(s) No. 2
MR K.P. RAVAL, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
The court emphasized the stringent bail provisions under Section 37 of the NDPS Act and the evidentiary value of statements under Section 67 of the NDPS Act.
Headnote:
Narcotics Drugs and Psychotropic Substances Act - Regular Bail - Sections 8(c), 20(b) (ii) (c), 29, 27(A) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985
Fact of the Case:
The accused filed an application for regular bail after being arrested in connection with a complaint under the Narcotics Drugs and Psychotropic Substances Act. The case involved the interception of a consignment of Charas and subsequent arrest of the accused and co-accused.
Finding of the Court:
The court rejected the bail application, citing the accused's 11-year absconding period, the incriminating statements of the co-accused, and the stringent provisions of Section 37 of the NDPS Act.
Issues: The court considered the accused's absconding, the evidentiary value of statements under Section 67 of the NDPS Act, and the stringent bail provisions under Section 37 of the NDPS Act.
Ratio Decidendi: The court emphasized the stringent bail provisions under Section 37 of the NDPS Act, the incriminating statements of the co-accused, and the absence of a prima facie case for bail.
Final Decision: The bail application was rejected by the court.
This is an application for regular bail filed by an accused, who has been arrested in connection with a complaint lodged by the Intelligence Officer of the Narcotics Control Bureau, Ahmedabad, bearing F. No. NCB/AZU/Cr-03/2003, under Sections 8(c), 20(b) (ii) (c), read with Sections 29, 27(A) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Narcotics Act"). The same has culminated in the NDPS Sessions Case No. 1/04, pending as on today in the Court of the learned Third Additional Sessions Judge, Nadiad.
2. The case of the Department may be summarized as under:-
2.1 A specific information was received on 15.7.2003 by one of the Officers of the Narcotics Control Bureau, AZU, Ahmedabad, that "A person named Anwar Amir Mirja Baig @ Raju who is an absconding offender and now a days is doing business of "Charas" at Balasinor. Currently, Anwar @ Raju along with one person named Illiyas Pathan have brought a big consignment of Charas from Kashmir in TATA Sumo vehicle having registration number GJ-2K-7281. Anwar @ Raju is going to deliver a part of this consignment of Charas to Ganibhai Mohammadbhai R/i Baroda at College Bus Stand, Sevalia Road, Balasinor on 15.7.2003 at around 4.00 P.M. Ganibhai is coming to take the delivery of Charas in white Maruti Car No. GJ-6-A-1400."
2.2 The said information was reduced in writing and was placed in a sealed cover bearing seal No.6 NCB.AZU. A team comprising of the Officers and other staff members of the NCB, Ahmedabad including the local Police was formed. Two persons were called and briefed about the information and were asked to act as the panch witnesses for the purpose of carrying out the personal search of the suspects.
2.3 A close vigil was kept near the College Bus Stand, Sevalia Road, Balasinor. At around 4 P.M., on 15.7.2003, two persons came at the Bus Stand from the direction of Balasinor on a silver coloured Passion Motorcycle and waited there. After some time, a white coloured Maruti car was spotted coming from the direction of Baroda, bearing Registration No. GJ-6-A-1400. The car came and stopped near the two persons who had come on the motorcycle and were standing at the bus stand. The driver of the car came out and shook hands with the driver of the motorcycle. The pillion rider handed over a bag to the driver of the motorcycle, who in turn handed over the bag to the driver of the car. The raiding team immediately rushed at the spot and were able to intercept all the three persons. The driver of the motorcycle introduced himself as Anwar Amir Mirja @ Raju and the other person disclosed his name as Hidayatkhan Pathan @ Raju. The driver of the Maruti car introduced himself as Ganibhai Mohammadbhai Shaikh, a resident of Baroda. On being asked about the contents of the bag, it was disclosed by Anwar Amir Mirja @ Raju and Ganibhai Mohammadbhai Shaikh that it contained "Charas". The necessary procedure of search and seizure was undertaken in accordance with the law. The contraband was seized and sealed in accordance with the provisions of the law. A sample was drawn from the packet containing the contraband and the same was tested positive for "charas" with the aid of the Field Drug Testing Kit, being a narcotic substance.
2.4 On further inquiry, Hidayatkhan Pathan disclosed that a vehicle i.e. a Tata Sumo had been parked at the residence of his brother Illiyas Pathan (the present applicant-accused), near the Taluka Panchayat Office, Balasinor, in which Anwar Amir Mirja @ Raju and Illiyas Pathan had brought the contraband charas from Kashmir. Thereafter, the members of the raiding party along with the panchas and the three persons caught at the Bus Stand reached at the place described by Hidayatkhan Pathan. A white coloured Tata Sumo bearing Registration No. GJ2 K-7281 was found parked at that particular place. The car was not locked. Anwar Amir Mirja @ Raju disclosed that a cavity had been formed beneath the luggage carrier on the roof of th
