JUDGMENT :

1. The applicant herein seeks pre-arrest bail in connection with F. No: NCB/AZU/CR-07/2021 subsequently, NDPS Case No: 05 of 2021 filed for the offence punishable under Section 8©, 20(b)(ii)(C), 27(A) read with Section 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered with District and Sessions Judge, Gandhinagar.

2. Facts and circumstances giving rise to file present application is that, the applicant Muddassar Fazluraheman Kadri @ Mudhu Bapu, alleged to have committed the offence under Section 8(c), 20(b)(ii)(c), 27(A) read with Section 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act” for the sake of brevity).

2.1 Intelligence Officer of Narcotic Control Bureau, Zonal Unit, Ahmedabad, received information that on 31.05.2021 at about 16:10 hours, two persons namely Bismillahkhan Pathan, residents Shah-e-alam, Ahmedabad and Muzzafarkhan @ Lalio Pathan, resident of Shahpur, Ahmedabad are transporting huge amount of charas in Mahindra XUV 500 vehicle, registration no. GJ-01-KS-3395 and both the persons are coming from Ajmer (Rajasthan) in the said vehicle between 20:30 hours to 21:30 hours, passing through Zundal Circle, Chandkheda, Ahmedabad.

2.2 After following the mandatory provisions of the Act, team was formed under the supervision of Mr. Anoopkumar Gupta, Intelligence Officer, N.C.B., Ahmedabad and went to the place and on seeing the alleged vehicle, it was stopped by the officer and there were six persons sitting in the car and in the presence of the independent panchas the car was intercepted and search was carried out. The accused Bismillahkhan Pathan opened the trunk of the vehicle and it was found that 11 packets of charas hidden inside the trunk of the vehicle and after following the mandatory provisions, 10.730 kilogram charas was found and seized by the authority.

2.3 The Authority has recorded statements of Bismillahkhan Pathan and Muzzafarkhan @ Lalio Pathan under Section 67 of the Act on 01.06.2021. During the investigation, it reveals that the contraband seized charas was supplied by one Javed and Manzoor, resident of Anantnaag, Jammu & Kashmir. The investigation further reveals that out of 10.730 kilogram seized charas, 5.00 kg sent by Manzoor and 5.5 kg was sent by Javed. During the interrogation of accused Bismillahkan Pathan, it was found that he had to deliver 5 kg charas to accused no.3 Faruk Sai and 3.5 kg to the present applicant Muddassar Kadri, whereas, 2 kg he had to retain for himself. It was further revealed that the seized charas procured from a truck driver at RICCO Industrial Area in Kishangadh, Rajasthan. It further reveals that to procure the seized charas, the applicant herein came at Ajmer in a separate vehicle and stayed at Star Hotel, Delhi Gate, Ajmer.

During the investigation, it was revealed that the accused no.1 Bismillahkhan, along with the present applicant, accused no.2 Muzaffarkhan @ Lalia, accused no.3 Faruk Sai, accused no.4 Tosifahmad Kadri, hatched a plan to procure, transport and traffic of charas from one Mr. Javed and Manjur of Jammu & Kashmir to Ahmedabad via Rajasthan for which, they had paid huge amount to the supplier Manzoor and Javed.

2.4 During the course of investigation, the authority has obtained call details recording of the accused and other persons and also recorded the statements of Hotel Manager, who has admitted that the applicant herein stayed at Star hotel at Ajmer and during his stay, the accused no.1 Bismillahkhan and accused no.2 Muzzafarkhan came at the hotel to meet the present applicant and on seeing their photographs, he identified all the accused present over there at hotel. The authority has recorded the statement of Khalifa Mohammad Faruk @ Faruk Sai and Tosif Ahmed Kadri @ Tosif Bapu as they are associated with the accused Bismillahkhan for the illicit business of charas and have paid huge amount to the supplier and lastly, both have been arrested.

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