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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Divyesh A. Joshi, J.
Jaku Daud Buchad - Appellant
Vs.
State Of Gujarat - Respondent
Criminal Misc. Application (For Regular Bail - After Chargesheet) No. 17450 of 2023
Decided On : 28-02-2024
NDPS Act - Bail Application - Section 439, Code of Criminal Procedure, 1973 - Sections 8(c), 21(c), 23(c), 25, 29, Narcotics Drugs & Psychotropic Substances Act, 1985
Fact of the Case:
The applicant-accused sought regular bail in connection with a case under the NDPS Act involving a huge cache of narcotic substance heroin being smuggled from Pakistan to India via sea route. The accused was implicated based on his involvement in a previous similar offence and his connection with the main accused persons.
Finding of the Court:
The court found that the accused's involvement in the drug trafficking activities was established from the evidence on record, including his role in a previous drug smuggling incident and his connection with the co-accused. The court also emphasized the seriousness of drug offences and the legislative intent behind the stringent bail conditions under the NDPS Act.
Issues: The primary issue was whether the court should exercise discretion in favor of the applicant-accused indicted for the offence under the NDPS Act and grant bail despite the stringent bail conditions under the Act.
Ratio Decidendi: The court applied the provisions of Section 37 of the NDPS Act, which make offences under the Act cognizable and non-bailable, and analyzed the legislative intent and judicial interpretations of the bail conditions under the Act. The court emphasized the need to prevent drug trafficking and the societal impact of such offences, and highlighted the stringent parameters for granting bail under the NDPS Act.
Final Decision: The court rejected the bail application, citing the established role of the applicant-accused in the drug trafficking activities and the seriousness of the offences under the NDPS Act.
JUDGMENT :
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.III-02 of 2022 registered with the Anti-Terrorist Squad Police Station, Ahmedabad of the offence punishable under Sections 8(c ), 21(c), 23(c), 25 and 29 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”).
BRIEF BACKGROUND
2. The complaint was filed on 26.04.2022 through J.M. Patel, Police Inspector, Anti-Terrorist Squad, Ahmedabad stating that on 23.04.2022 Shri Bhavesh P. Rojiya, Deputy Superintendent of Police, received a secret information at 20:00 hours that one Mustufa Aiyub Miyana of Karachi Pakistan has supplied a huge cache of narcotic substance heroin in a rowboat called ‘Al-Haj’ to be delivered to one person named Kali on 24.04.2022 between 22:00 and 24:00 hours in the night at Channel No.88 of VHF Radio which comes within the coastal territory of Jakhau Port, India, which narcotic substance would then be delivered to one Avtarsingh and Raj hailing from Okhla Vihar, South Delhi. The information was reduced into writing and forwarded to Shri Sunil Joshi, Superintendent of Police, A.T.S., Gujarat.
2.1 Acting upon such tip-off, a combined team of A.T.S. officers and the coastguard police of Jakhau Port was formed.
2.2 Then, the members of the raiding party, after following due procedure of raid, decided to conduct a joint operation and reached at the pointed place in the mid-sea in a rowboat and kept a watch of the hinted boat coming from Pakistan by shutting down the lights of the boat. While in surveillance, on 25.04.2022 at around 00:15 hours, upon hearing some conversation in Hindi language on Channel No.88, the navigation light of the boat got on and when seen towards the radar area, one boat carrying a Pakistani flag boarded with about eight to ten persons was found near to the boat of the coastguard in a suspicious condition. Therefore, it was announced on a loudspeaker to the onboard persons in the Pakistani boat not to move, however, they did not pay any heed to such an announcement and sailed the boat towards the coastal territory of Pakistan in an excessive speed. They were chased by the members of the A.T.S and though several rounds were fired, they did not stop. However, due to an excessive speed, the engine of the Pakistani boat got ablaze and, therefore, all the onboard persons in the Pakistani boat stopped the boat, raised their hands and surrendered to the police.
2.3 Thereafter, some members of the raiding party went to the Pakistani boat where total nine Pakistani nationals named in the FIR were found in the boat. A search was conducted in the presence of a gazetted officer in view of the provisions of Section 50 of the NDPS Act but nothing objectionable was recovered in the course of the personal search. However, upon searching the boat, total 56 small packets in three polythene bags were found. Thereafter, when the accused persons were asked about the narcotic substance found from the packets in Hindi language, they admitted it to be heroin. Then, samples were taken and upon testing with the drug detection kit, the samples tested positive for heroin. Hence, the present FIR.
2.4 The application for bail moved by the applicant-accused was rejected by the 6th Additional Sessions Judge & Special Judge (NDPS), Bhuj-Kachchh on 24.07.2023, observing that a huge commercial quantity of heroin was recovered and that having regard to the seriousness and gravity of the crime, no case for the grant of bail was established. The applicant is, thus, before this Court.
Submissions on behalf of the applicant-accused:-
3. Learned advocate Mr. Ashish Dagli representing the applicant-accused has submitted that the applicant-accused was arrested on 26.03.2023 and since then he is in jail. Learned advocate Mr. Dagli has also submitted that in the present case, investigation has already been completed and charge-sheet
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The main legal principle established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act in drug trafficking cases, emphasizing the gravity of the offence, ....
A bail application under NDPS Act must meet stringent conditions, proving reasonable grounds for the accused's innocence and likelihood of non-reoffending, reflecting legislative intent to combat dru....
The rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
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