TMI Blog2022 (6) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... dence during the trial. The explanation offered by the petitioner of having responded to the call Mohammed-Mohammed- Ramzan-Ramzan on Channel No.8, instead of Channel No.16 which is the specifically earmarked channel for communication with fishermen and for Ship-to-Ship contact, would also be available 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. 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 charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to escape on 21st May, 2019. The Indian Coast Guard had chased and caught the Pakistani boat with one Captain and five crew members on board. The Captain had admitted to dumping some bags into the sea along with a satellite phone. 194 packets were retrieved from the seven bags containing a total quantity of 217.856 Kgs of narcotic substance, Heroin and were seized. Subsequently, 17 more packets of Heroin weighing 18.766 Kgs were also recovered from the coastal area near the location, thereby taking the total seized quantity of Heroin to 236.622 Kgs in 211 packets The investigation revealed that narcotics were being clandestinely brought into Gujarat from Pakistan through the sea route. During his interrogation, the Captain of the Pakistan F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cion towards the petitioner. It was contended that no attempt was made to prove that any substantial number of fish had been caught while on sea and that the boat was drifting at that location for five days only with the motive of collecting the consignment of the contraband. As a result, the petitioner was detained on a reasonable belief that he was the Indian recipient for the drug consignment brought into the Indian territory by the Pakistani Flag Ship. 4. Learned Special Judge, National Investigating Agency [3] , Ahmedabad rejected the regular bail application filed by the petitioner vide order dated 19th March, 2021. Aggrieved thereby, the petitioner preferred an appeal that has been dismissed by the Division Bench of the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty-five only), being the value of the seven fish sold by the petitioner after the boat was released. It was contended that out of the seven fish, five fish were Ghol fish colloquially known as sea gold weighing 104 kg, which are a rare catch and very expensive. The price of this fish is stated to be pegged at around ₹1400/- (Rupee Fourteen Hundred only) per kg in the market. Claiming that even on an earlier occasion, the petitioner had gone on the high seas looking for Ghol fish that was caught and sold for a handsome amount which was enough to demonstrate that he was neither involved in illegal trade of narcotics, nor was he tipped to approach the Pakistani Flag ship, detained by the authorities. Lastly, it was contended that mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed out that as per the charge sheet, nine Pakistani nationals who are absconding, have been shown as wanted accused and their role in the matter is still under investigation. As on date, charges have been framed against the petitioner and the six arrested Pakistani nationals. It was urged that the petitioner is under an erroneous assumption that the case against him is a routine matter while over-looking the fact that the present case relates to organized smuggling of narcotic drugs, for sale in India and for generating funds meant for promoting terrorist activities, which is a serious offence and a valid ground for denying him the relief of bail. 9. We have perused the impugned order and carefully considering the arguments advance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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