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2025 Supreme(Online)(Guj) 8223
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
ISHWINDER SINGH @ SARDARAJI BABA S/O GURUDEV SINGH – Appellant
Versus
NATIONAL INVESTIGATION AGENCY & ANR. – Respondent
R/CRIMINAL APPEAL (REGULAR BAIL) NO. 1862 of 2025
For the Appellants/Petitioners: MR AFTABHUSEN ANSARI
For the Respondents: MR KSHITIJ AMIN, MR SANDEEP SADAVARTE, MR LB DABHI APP
The court granted bail to an approver in a drug trafficking case, emphasizing the importance of individual circumstances and cooperation with prosecution in ensuring justice.
Headnote:(A) Criminal Procedure Code, 1973 - Section 306 - Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 8(c) and 23 - Unlawful Activities (Prevention) Act, 1967 - Section 17 and 18 - Bail - Appellant sought bail after being accused in a serious drug trafficking and conspiracy case - Appellant's cooperation with prosecution and absence of risk factors led to the court granting bail. (Paras 12, 14)
(B) The role of approvers in criminal cases - The court recognized that approvers may be released after their testimony, especially if their continued detention serves no judicial purpose. (Paras 12, 13)
Facts of the case:
The appellant was arrested in connection with a major drug trafficking case involving a significant quantity of heroin, following operations by the authorities against organized crime networks - The appellant cooperated with the prosecution as an approver.
Findings of Court:
The trial court's refusal to grant bail was set aside due to the appellant's prior cooperation and indications of trial delays, which would violate his rights under Article 21 of the Constitution.
Issues: Whether the appellant should be granted bail considering his status as an approver and the ongoing delays in his trial.
Ratio Decidendi: Continued incarceration of the appellant was found to serve no purpose as he had supported the prosecution, and risk factors were low, necessitating the exercise of the court's discretion.
Result: Appeals allowed.
| Table of Content |
|---|
| 1. request for bail under nia act to address serious charges. (Para 1 , 2) |
| 2. details on appellant's arrest and role in conspiracy. (Para 3 , 4 , 5) |
| 3. arguments for bail based on trial delays and rights. (Para 6 , 7) |
| 4. court discretion regarding approver's release. (Para 12 , 13) |
| 5. bail granted with conditions. (Para 14 , 15) |
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. By way of present appeal filed under Section 21 of the NIA Act, the appellant Ishwinder Singh @ Sardarji Baba s/o Gurudev Singh seeks regular bail in connection with the offence punishable under Section 120B of Indian Penal Code, Section 8(c), 23 of the NDPS Act and Section 17 , 18 of Unlawful Activities Prevention Act, 1967 (‘UA(P)’ Act.
2. The appellant accused by preferring NIA Criminal Application No. 4 of 2025 sought regular bail on the grounds mentioned herein in the appeal memo. The Special Court, NIA vide order dated 11.04.2025, rejected the prayer and the said order is also subject matter of this appeal.
3. The brief facts are that, the appellant accused was arrested on
14.09.2022 in connection with the seizure of contraband and was subsequently arrayed as accused no. 27 in supplementary chargesheet filed by Investigating Agency and same has been culminated into NIA Special Case No. 1 of 2023. As per the prosecution case between 17.09.2021 to 19.09.2021, a large scale seizure of narcotic substances came to be effected by DRI at the T.G. Terminal Private Limited, Container Freight Station, Mundra, Port- Gujarat. The said narcotic substances found concealed in an import consignment of ‘Semi Processed Talc Stones’, originating from Afghanistan, which has arrived in the name of M/s. Aashi Trading Company from Bandar Abbas Port, Iran. A total of 2988.21 Kg. Of heroin (1999.579 kgs and 988.631 kgs.) from the two containers respectively seized by the DRI and case registered No. DRI/AZU/GRU/NDPS-1/2021 and thereafter, the FIR being RC-26/2021/NIA/DLI dated 06.10.2021 registered with NIA Police Station, New Delhi as the Government directed the NIA to investigate the case. The NIA initially filed chargehsheet against 10 accused, then filed first supplementary chargesheet against 9 accused and by second supplementary chargesheet, arrayed 22 accused including 7 companies and thereafter, filed third supplementary chargesheet and fourth supplementary chargesheet. The appellant herein arraigned as accused no. 27. The Special Court NIA, Ahmedabad has framed charges against the arrested accused persons on 30.11.2024 and at present 30 prosecution witnesses including the appellant have been examined.
4. So far as role attributable to present appellant is concerned, he was part of the alleged criminal conspiracy and had arraigned the godown to shift the narcotic substances for processing of heroin from the material seized and acted as per the directions issued by mastermind of the drug trafficking and played a pivotal role.
5. During the proceedings of the trial, the appellant moved an application under Section 306 /307 of the Cr.P.C., praying grant of pardon and allowing him for approver. In view of the ‘no objection’ given by the agency to the said request, the application Exh. 214 came to be allowed vide order dated 30.11.2024 by the Special Court at Ahmedabad. The deposition as approver of the appellant was recorded and has fully supported the prosecution case and disclosed the entire facts and circumstances related to the offence and to every co-accused persons.
6. The appellant herein thereafter filed an application to release him on bail, before the Special Court, Ahmedabad. Vide order dated 11.04.2025, the trial Court did not exercise the discretion in favour of the appellant and the application came to be rejected.
7. Being aggrieved by the order impugned, the present appeal has been preferred, inter-alia, stating that, the trial is not expected to complete in near future and continues incarceration of the appellant, who has already been examined and s
