IMPORTANT POINT
The court's decision emphasized the serious nature of the offenses, the organized network involved, and the prima facie evidence supporting the role of each accused.

JUDGMENT :

A.Y. KOGJE, J.

1. The appeal is filed by the appellant under Section 21 of the National Investigating Agency Act, 2008 for the offences punishable under Sections 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act for following reliefs:-

(A) This Hon’ble Court may be pleased to quashed and set aside the order passed by the Special City Civil and Sessions Court (Special Court of N.I.A.) at Ahmedabad Criminal Miscellaneous Application No.70 of 2022 on 04.10.2022 and further grant regular bail to the appellant in connection with F.I.R. I-RC No./26/2020/N.I.A./D.L.I. registered before N.I.A, Dist: Delhi Police Station N.I.A. Head Quarter New Delhi.”

2. Learned Advocate for the appellant has submitted that the first informant has registered the F.I.R. by C.R.No.RC No.26/2020/N.I.A./D.L.I. before N.I.A. District: Delhi Police Station N.I.A. Head Quarter New Delhi for offenses punishable under Sections 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act and Sections 17 and 18 of Un-lawful Activities (Prevention) Act on 02.07.2020. It is submitted that the above mentioned FIR has registered as Government of India has transferred the investigation of offense registered as C.R.No.01 of 2018 registered before ATS Police Station, Gujarat under Sections 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act.

2.1 Learned advocate submitted that almost after four years, the appellant has been joined as an accused No.13 and came to be arrested on 23.02.2022. That, on 23.01.2019, concerned investigating agency has thoroughly investigated the offense registered by A.T.S. Police and filed the charge-sheet before concerned Court, where there is no whisper about the role of appellant further, the appellant has neither shown as an accused nor as an absconder. It is submitted that as per the charge-sheet, role of the appellant has been shown as that his boat was booked to transfer the contraband.

2.2 Learned advocate submitted that the appellant is small time fisher man and he was never aware that in past, he has transferred any kind of prohibited contraband, but he came to be implicated only on the basis of co-accused statement. It is submitted that the police has also recovered the boat of the appellant, but nothing suspicious substance has been found from it.

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 NIA filed a supplementary charge-sheet vide No.02/2020 dated 7-8-2020 in Special Court Ahmedabad against accused persons Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra, Karim Md. Siraj and Sunil Vithal Barmase-accused Nos.1 to 8. under the provision of Sec. 120B of IPC, Sec. 21 (c) r/w 8(c), 25, 27(A) & 29 of NDPS Act and Sec.17 and 18 of the Unlawful Activities (Prevention) Act. During the course f further investigation, the NIA has also filed charge sheet against (1) Indresh Nishad-accused No.9, Gujarat based accused, who transported 200 kgs of heroin from Gandhidham, Gujarat to Amritsar, Punjab (2) Sukhbir Singh-accused No.10, Punjab based accused who had received 200 kgs heroin, from Indresh Rambachan Nishad-accused No.9 in Punjab and (3) Shahim Kasam Sumra-accused No.11 who was deported from UAE (Gujarat based accused who had received 500 kg drugs from Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra, Karim Md. Siraj and Sunil Vithal Barmase, Indresh Rambachan Nishad, Sukhbir Singh @ Happy, Shahid Kasam Sumra, Basheer Dawood Kungda No.12 and present-appellant accused Nos.1 to 13 at at Mandvi SeaShore Kutch and continuing the investigation under the provisions of Section 173(8) of Cr. P.C. and wanted accused Basheer Daue a Kungda and Mamad Ibrahim sama (present appellant accused had been shown as Wanted accused persons.

3.1 It is submitted that th