JUDGMENT :

A.Y. KOGJE, J.

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent-State. Learned advocate Mr. Kshitij Amin waives service of rule on behalf of respondent-NIA.

1.1 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), r/w 8(c), 25, 27(A) & 29, of the NDPS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act for following reliefs:

(A) YOUR LORDSHIPS be pleased to call for the records and proceedings of F.I.R. being No RC No. 26/2020/NIA/DLI. registered with NIA Heard Quarters Police Station, New Delhi, and also of NIA Criminal Misc. Application No. 54 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 29.08.2022.

(B) YOUR LORDSHIP be pleased to grant this application by releasing the applicant on regular bail in connection with F.I.R. being No. 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 on 12.08.2018, one FIR being C.R. No. III/1/2018 was registered with ATS Police Station, Ahmedabad U/s. 21(c), 8(c), 24, 25 27(A) and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985. It is submitted that as per the case of the prosecution, the accused in the aforesaid FIR were to smuggling and distribution of 500 Kg. of illegal Narcotic Drugs (heroin) from Pakistan to Gujarat by sea route. It is submitted that during the investigation, investigating agency had implicated the present appellant as and accused and had charge sheeted as accused no. 8 and after arresting the persons involved in the offence, investigating agency had filed charge sheet before Special NDPS Court, Jam-Khambhalita, Gujarat. It is submitted that the appellant thereafter has preferred a regular bail application before the Special Judge, NIA Court, Ahmedabad being NIA Criminal Misc. Application No. 54 of 2022. The said regular bail application filed by the appellant was objected by the NIA. Vide order dated 29.08.2022, the bail application has been rejected.

2.1 It is submitted that the appellant has played no role in commission of the offense. 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 no more holding an ownership of the vehicle bearing registration No. GJ-12-BW-2323 in which alleged contraband was transported from Gujarat to Punjab as it is been sold out to accused namely Indresh Rambachan Nishad vide sale agreement dated 13.12.2019. It is submitted that the investigation has been concluded and charge-sheet has already been filed by the investigation agency before the competent Court. Learned advocate submitted 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 for an indefinite period.

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 appellant accused has committed offense under Sections 120B of IPC, Sections 21(c) read with Sections 8(c), 25, 27(A) and 29 of the NDPS Act, 1985 and Sections 17 and 18 of the Unlawful Activities Prevention Act, as such that falls into the ambit of section 37 for its consideration. On the plain perusal of section 37 of NDPS Act leaves no ambiguity of imprisonment of 10 years or more shall generally be not released on bail. That the appellant accused has to pass through the test of condition laid down in section 37 besides the condition for granting bail that has been provided un