IMPORTANT POINT
The court ruled that sufficient evidence exists to proceed with trial despite procedural non-compliance under the NDPS Act, emphasizing the need for a strong suspicion to uphold charges.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

[1] These two criminal appeals are filed for discharge of the appellants in connection with an offense registered vide NIA Case No.RC-26/2021/NIA/DLI which was registered for offense punishable under Section 120B of the Indian Penal Code and 8(c), 21(c), 23(c) and 29 of the NDPS Act and Sections 17, 18 and 22C of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA Act” for short).

[2] It is a case of illicit import of heroin camouflaged as a “Semi Processed Talc Stones” from Afghanistan in a huge quantity to the tune of 2988.21 Kgs. with an international value worth Rs.21,000/- Crores. The offense came to light when the DRI, Gandhidham acted on a specific intelligence input received on 13.09.2021 and therefore, DRI, Gandhidham constituted a team to carry out the inspection of the consignment specifically imported in two containers, and upon examination of such goods under the panchnama dated 14.09.2021, contained in 18 jumbo bags in one container and 20 jumbo bags in another container, particularly preliminary testing of goods were conducted by the experts of FSL, Gandhidham, wherein test report confirms presence of heroin, a narcotic substance. During the investigation being carried out of this huge quantity of heroin, it also came to the light that there was prior shipment of similar consignment which took place in the month of June-2021, where the consignment had originated from Bandar Abbas Port, Iran to Mundra Port in 20 feet container which was also contained huge quantity of narcotic substance, heroin and which had reached open market through the similar route as was undertaken in the seized narcotic substance.

[3] The appellants of both the appeals have been arraigned as accused Nos. A24 and A25 respectively in the charge-sheet being No.5B/2022.

[4] Both the accused had preferred bail application before the Special Court and thereafter, before this Court being Criminal Appeal No.1980 of 2023 and Criminal Appeal No.(F) 35933 of 2023. Appeal of appellant-Harpreet Singh Talwar @ Kabir Talwar was rejected by this Court under oral judgment dated 28.03.2024, whereas appeal of appellant-Prince Sharma appears to have been dismissed for default for want of prosecution vide order dated 09.11.2023.

[4.1] Thereafter, both the appellants have filed application under Section 227 of the Code of Criminal Procedure for discharge before the Special Court, NIA Act, praying for discharge on various grounds which were urged in detailed before the Special Court, NIA and ultimately by an order dated 19.03.2024 respectively, applications for both the appellants came to be rejected.

[4.2] As the issues raised by both the appellants are identical and are based on similar facts and grounds, both the appeals are heard together and the facts are narrated from the lead matter being Criminal Appeal No.1022 of 2024.

[5] It is the case of the appellant that the appellant is wrongly prosecuted by the investigation in the present case. It is submitted that the appellant has never indulged in any activity which would render the appellant liable for punishment either under UAPA, 1967 or under NDPS Act, 1985. That the entire case of prosecution is false and is based upon disclosures which are, inadmissible and the statements of witnesses which are either obtained under the coercion or suffers from material inconsistencies and blatant falsehoods. That, the investigation has arbitrarily arrested the appellant only on the presumption that the import undertaken by Magnate India in December, 2020 was of ‘Semi Processed Talc Stones’ from Afghanistan contained Heroin, without adducing any evidence to prove the same. It is also submitted that Magnet India is a proprietorship concern of the accused-Prince Sharma. (Appellant in Criminal Appeal No.1020 of 2024).

[6] Learned senior advocate has submitted that the consignment of Magent India imported in the month of December, 2020 from Afghanistan