IMPORTANT POINT
The court upheld the invocation of the National Investigation Agency Act and the Unlawful Activities (Prevention) Act for the investigation of organized crime involving the transportation of narcotic drugs.

JUDGMENT :

A.Y. KOGJE, J.

1. Leave to add State as party respondent No. 2.

1.1 The appeal is filed by the appellant under Section 21 of the National Investigation Agency Act for the offenses under Sections 120B of the IPC, under Sections 21(c), 8(c), 25 and 29 of the of the NPDS Act for following reliefs:

“(A) YOUR LORDSHIPS be pleased to call for the records and proceedings of F.I.R. being No. RC-26/2020/NIA/DLI registered with NIA Head Quarters Police Station, New Delhi, and also of NIA Criminal Misc. Application no. 23 of 2022 from the Court of Hon’ble Special Judge, NIA Court, Ahmedabad and after perusing the same, be pleased to quash and set aside the order dated 24.06.2022.

(B) Your Lordships be pleased to grant this application by releasing the applicant on regular bail in connection F.I.R. being C.R. No. RC-26/2020/NIA/DLI registered with NIA Head Quarters Police Station, New Delhi, in the interest of justice.”

2. Learned Advocate for the appellant has submitted that the appellant is implicated and arraigned as an accused no. 9 in connection with F.I.R. no. RC-26/2020/NIA/DLI (arising out of FIR being C.R. No. III-1/2018 registered with NIA Head Quarters Police Station, New Delhi, for the offences punishable under Section-120 (B) of the India Penal Code, 1860 and under Sections-21(c), 8(c), 25 and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985.

2.1 Learned Advocate for the appellant has submitted that the appellant thereafter has preferred a regular bail application before the Hon’ble Special Judge, NIA Court, Ahmedabad being NIA Criminal Misc. Application No. 23 of 2022. The said regular bail application filed by the appellant was objected by the National Investigation Agency who has filed objections. It is submitted that Hon’ble Special Judge, NIA Court, Ahmedabad thereafter vide order dated 24-06-2022, has been pleased to reject the same.

2.2 Learned Advocate for the appellant has submitted that the appellant is falsely implicated in the alleged offence. The appellant has played no role in commission of the offence. There is no evidence on record to indicate the involvement of the appellant with the crime in question. The appellant is sought to be involved on the basis of suspicion only. It is submitted that the appellant is not found with the possession of the contraband.

2.3 Learned Advocate for the appellant has submitted that the appellant had only accepted consignment for transportation by paying transportation charges as he has also another consignment to deliver at Jammu and Kashmir, and therefore he is wrongly shown as a conspirator. It is submitted that the appellant was totally unknown to the main accused persons as his truck was hired to transport their goods by stating they have to transport important goods and for that they had installed GPS system in truck of the appellant to keep track of the route of his truck.

2.4 Learned Advocate for the appellant has submitted that the investigation has been concluded and charge-sheet has already been filed by the investigating agency before the competent Court. The appellant submits that considering the fact that the charge-sheet has been filed, there is no question of appellant tampering or hampering with the investigation and therefore, no fruitful purpose would be served by keeping the appellant behind bars.

3. As against this, learned ASG has submitted that the present appellant-accused had conspired with the other co-accused, in commission of the present offence, wherein the present appellant-accused has thus played a pivotal role, and there is ample and credible evidence showing his prima facie involvement in the offence. It is submitted that the present appellant-accused has been involved in the conspiracy together with other co-accused, for transporting the 200 kgs. of narcotic material from Gujarat to Amritsar, Punjab, through his Truck bearing registration No. GJ-12-BW-2323. It is submitted that Sunil Vithal Barmase-accused No. 8 herein also arranged t