9911796707
TMI Blog2022 (6) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... e[1] and subsequently taken over by the National Investigating Agency for offences under Sections 120-B, 121-A & 122 of the IPC, Sections 17, 18, 18-B, 20 of Unlawful Activities (Prevention) Act and Sections 2, 8, 16, 17, 18, 23, 24, 29 and 32 (B) (e) of the Narcotic Drugs and Psychotropic Substances Act, 1985[2], relating to seizure of 236.622 Kgs. of Narcotics drug, Heroin near Jakhau Port, Gujarat on 21st & 22nd May, 2019 in a joint operation by the Indian Coast Guard and DRI. 2. The case of the prosecution is that on receiving intelligence input, the DRI had intercepted a Pakistani boat in the Indian territorial waters which was trying to escape on 21st May, 2019. The Indian Coast Guard had chased and caught the Pakistani boat with one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was intercepted, had replied, "Ramzan-haan bolo", but on VHF Channel No.8. The prosecution version is that there was only one Indian fishing boat in the immediate vicinity that belonged to the petitioner herein with twelve crewmen on board. The said boat had remained on the high sea for 4-5 days and in all that period, they had managed to catch only five fish. Moreover, the Captain and the crew members of the Indian fishing boat appeared with neat and clean clothes, though the petitioner claimed to be fishing on the high sea for 4-5 days. Even the fishing net and the deck of the boat were found unsoiled, clearly, pointing a finger of suspicion towards the petitioner. It was contended that no attempt was made to prove that any substantial nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that merely because the petitioner had replied to the communication "Mohammed" on the VHF Channel with the words "Ramzan haan bolo", cannot be treated as sufficient to reject his bail application, more so, when the petitioner's name happens to be Ramjhan Gani Palani. Therefore, simply because the petitioner had replied on Channel No.8 to the radio operator who had transmitted the aforesaid message on VHF Channels No.8 and 16, can hardly be treated as a ground to substantiate the case of the prosecution. Reference was also made to the invoice for a sum of Rs.3,47,325/- (Rupees Three lakhs forty- seven thousand three hundred twenty-five only), being the value of the seven fish sold by the petitioner after the boat was released. It was contend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minimum period of ten years, which can extend up to a maximum period of twenty years. Subsequently, on the orders of the Ministry of Home Affairs, Government of India, further investigation of the case was transferred to the NIA and the case was reregistered on 26.05.2020 at NIA Police Station, New Delhi vide RC No.24/2020/NIA/DLI. 8. Learned counsel for the respondent No.1/NIA stated that on 18.12.2020, NIA had filed a charge sheet before the NIA Special Court, Ahmedabad against the 6 arrested Pakistani nationals and the petitioner herein for offences related to the attempted smuggling of the narcotic drug, Heroin. He pointed out that as per the charge sheet, nine Pakistani nationals who are absconding, have been shown as wanted accused a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable to him at that stage. But at the threshold, this appears to be a case where the petitioner has been fishing in troubled waters and as per the respondent No.1/NIA, has got caught in his own net. 10. Records reveal that the chargesheet has been filed by the respondent/NIA on 18.12.2020. As per the said chargesheet, nine Pakistani nationals are still absconding. Further, investigation in the case is still pending. The petitioner has been chargesheeted for a serious offence where the minimum punishment prescribed is of ten years. We are, therefore, not inclined to exercise our discretion in favour of the petitioner by interfering with the impugned order, at present. 11. Resultantly, the petition for special leave to appeal is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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