IMPORTANT POINT
The judgment emphasizes the seriousness of organized crimes, the application of UAPA, and the twin test under Section 37 of the NDPS Act in determining bail applications.

JUDGMENT :

A.Y. KOGJE, J.

1. The appeal is filed by the appellant under Section 21 of the National Investigation Agency Act, 2008 for offences punishable under Sections 120(B) of IPC read with Sections 21(C), 8(C), 25, 27(A) and 29 of the NDPS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act for following relief:-

“(C) to enlarge the present applicant-herein/accused no.7 on regular bail in connection with the FIR dated 02.07.2020 bearing No.RC-26/2020/NIA/DLI registered with National Investigation Agency, New Delhi (NIA Special Case No.2 of 2020) for the offense punishable u/s. 120(B) of Indian Penal Code, Section- 21(c) r/w. 8(c), 25, 27(A) and 29 of Narcotic Drug and Psychotropic Substances (NDPS) Act as well as Section 17 and 18 of the Unlawful Activities (Prevention) Act, on appropriate terms and conditions which this Hon’ble Court may deem fit and proper in the interest of justice.”

2. Learned Advocate for the appellant has submitted that on 13.08.2018, FIR has been registered by Shri R.I.Jadeja, Police Inspector, ATS Ahmedabad which came to be registered with ATS Police Station, Ahmedabad as C.R.No.III No.1 of 2018 for the offense punishable under Sections 8(c) and 21(c) of the NDPS Act. The offense pertains to the criminal conspiracy by the arrested accused Nos.1 to 8 and wanted accused Nos.1 to 5 of smuggling and distribution of 500 kg. of illegal Narcotic Drugs (Heroin) from Pakistan to Gujarat (India) by sea route. It is submitted that the name of the present appellant had not been disclosed in the main charge-sheet and subsequently, the investigation was took over by the NIA and thereafter, the said agency submitted charge-sheet in which the present appellant shown as accused No.7.

2.1 Learned advocate submitted that That, the learned trial court committed an error by ignoring the fact that by going through the FIR as well as main charge-sheet, there was no concrete materials found against the present appellant, so as to sustain such serious charges as leveled by the prosecution which would go to suggest the intend so as to falsely implicate the present appellant. The facts that by taking the case of the prosecution as it is, there is absolutely no recovery or discovery of the contraband from the possession of the present appellant and therefore, when the version of the prosecution is to the effect that the present appellant and accused No.8 agreed to get involved in the conspiracy for affecting delivery of remaining 200 kg. narcotic drugs (Heroin) whereby the present appellant and accused No.8 received huge amount. On the other side, the investigating agency could not collect the said huge amount or contraband from the present appellant.

2.2 It is submitted that the learned trial Court wrongly considered the provision of Section 37 of the NDPS Act against the appellant and rejected his bail application. That, the learned trial Court ought to have considered the fact that there is no any antecedent of the present appellant and looking to the role of the appellant, he is not prime accused in entire crime. The present appellant is in judicial custody from 19.02.2020 and therefore, after two years, the present appellant ought to have released on bail.

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 NIA has strongly objected the application and mainly submitted that the appellant accused No.7 has played vital role in the commission of the offense and there exists strong case against the present appellant. Investigation also revealed that the present appellant Karim Md. Siraj (A-7) accepted the offer of Shahid Kasam Sumra (A-11) and he persuaded his friend Sunil Vithal Barmase (A-8) for further conspircy and commission of the crime. Subsequently, the present appellant Karim Md. Sira A-7 and Accused No.8 contacted driver Indresh Rambachan Nishad (A-9) for onward delivery of 200