IMPORTANT POINT
The judgment establishes the principle that organized crimes involving serious offenses, such as smuggling and distribution of illegal narcotic drugs, warrant strict legal scrutiny and may justify the invocation of special provisions for investigation and prosecution.

JUDGMENT :

A.Y. KOGJE, J.

1. The appeal is filed by the appellant under Section 21 of the National Investigation Act for the offences punishable under Sections 120B of IPC, under Sections 21(C) read with Sections 8(C) 25, 27(A) and 29 of the NDPS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act by the appellant for following reliefs:

The appeal is filed by the appellant for following relief:

(A) YOUR LORDSHIPS be pleased release the appellant on bail in connection with the RC-26/2020/NIA/DLI (Arising out of I CR 1 of 2018 of ATS PS, Gujarat) for the alleged offenses u/s. 120(B) of IPC, u/s. 21(C), r.w. 8 (C), 25, 27(A) and 29 of the NDPS Act and u/s 17 and 18 of UA(P).

2. Learned Advocate for the appellant has submitted that the appellant is in judicial custody from 10.02.2020 pursuant to the FIR RC-26/2020/NIA/DLI (Arising out of I CR 1 of 2018 of ATS PS, Gujarat) for the alleged offences u/s. 120(B) of IPC, u/s. 21 (C) r.w. 8 (C), 25, 27(A) and 29 of the NDPS Act and w/s. 17 and 18 of UA (P) Acs. Thereafter charge-sheet came to be filed on 07-08-2020.

2.1 The appellant had approached the Trial Court for bail by filing Cr. M.A. No. 65 of 2022. The same came to be rejected by the Special Judge (NIA), Court No. 2, City Civil and Sessions Court, Ahmedabad by order dated 29.08.2022. The role attributed to the appellant is to dig out heroin and delivered it to Karim Md. Siraj No. 7 and Sunil Vithal Barmase-accused Nos. 7 and No. 8. It is alleged that the vehicle of the appellant GJ-12BR-4344 was used. That car has been seized from other person. It is alleged that as per the statement of that person the car was given to the appellant. The charge-sheet shows that statement of that person is not recorded. Even taking the prosecution case no contraband substance is found from that car. There is no evidence that the appellant was involved in this crime. In fact as the brother of the appellant was arrested in this case the appellant is wrongly roped into this crime.

2.2 It is submitted that as per the allegations, the said parcel of heroin was intercepted by the Punjab Police and complaint came to be filed against the said driver and 11 other accused were arrested by STF, Amritsar. The appellant is not accused in that and therefore, it is clear that the appellant had no role in this crime.

3. As against this, Mr. Devang Vyas, learned Additional Solicitor General of India with Mr. Kshitij Amin, learned Standing Counsel for respondent No. 2-NIA submitted that the offenses initially pertains to criminal conspiracy by arrested Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra (appellant-accused), Karim Md. Siraj and Sunil Vithal Barmase-accused Nos. 1 to 8 and wanted accused Nos. WA-1 to WA-5 of smuggling and distribution of 500 kg of illegal narcotic drugs (heroin) from Pakistan to Gujarat, India by sea route. The 500 Kg of narcotic drugs (heroin) were prqught into Gujarat, India by Aziz Bhagad-accused No. 1 and Mamad Ibrahim Sama-accused No. 13 on the directions of Basheer Dawood Kungdaaccused No. 12. The illegal narcotic drug (heroin) was brought by Pakistani najionals in a Pakistani fishing vessel and was delivered in the Indian tetra waters approximately 7-8 miles from Jakhau Port, Kutch - Gujarat, into an Indian vessel named “Nagani Mustafa” of Aziz Abdul Bhagad-accused No. 1 and “Al-Madina” of Mamad Ibrahim Sama-accused No. 13. The drug was delivered to Indian vessels twice during the period from 09.03.2018 to 31.05.2018. As per the conspiracy and directions of Shahid Kasam Suma-accused No. 11, the appellant-accused dug out remaining 500 kg of narcotic drugs (heroin) and kept it int his Swift Desire Car, bearing registration No. GJ-12-BR-4334 and delivered it to one white coloured car near a Petrol Pump on Talwada Road, which belonged Karim Md. Siraj-accused No. 7. Then, Karim Md. Sirajaccused No. 7 and Sunil Vithal Barmase-accused No. 8 shifted the drugs to a S