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Gujarat High Court

Siddique Aquib Zubair Ahmed vs State Of Gujarat on 17 July, 2023

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                           NEUTRAL CITATION




     R/CR.MA/11995/2023                                    ORDER DATED: 17/07/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11995 of 2023

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                          SIDDIQUE AQUIB ZUBAIR AHMED
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR MANAN MEHTA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 17/07/2023

                                 ORAL ORDER

By way of this application under Section 438 of the Code of Criminal Procedure, the applicant seeks anticipatory bail in respect of the FIR being No.11192011210459 of 2021 registered with Bopal Police Station, Ahmedabad Rural for the offence punishable under Sections 8(c), 20(b), 22(c), 23(c), 24 and 29 of the NDPS Act.

2. In nutshell, the case of the present applicant is that upon secret information when the raid was carried out, the different contraband viz., hybrid Ganja - 300 Gram, Charas - 500 Gram, Charas Laddu - 221 Gram, Magic Mushroom - 224 Gram and shatter 43 Gram were recovered from the accused No.1 and another accused persons total weighing 1.289 Kilogram amounting to Rs.3,52,300/- and thereafter investigation was carried out. During the course of investigation, role of the present applicant was revealed and it was revealed that the org.

NEUTRAL CITATION R/CR.MA/11995/2023 ORDER DATED: 17/07/2023 undefined accused named in the FIR were ordering contraband by using Advance Technology through Darkweb and they have devised system whereby the same is delivered at their door-step. In respect of the offence in question, charge-sheet was filed on 11/05/2022 and the name of the present applicant is shown as A-4 in column no.2 and the role attributed to the present applicant is that he was one of the important link in transportation of contraband through Darkweb and therefore, he was shown as one of the accused in column no.2 in the charge- sheet.

3. Learned Advocate Mr.Vyas for the applicant submitted that the present applicant is named in the FIR; but no recovery is made from him and he also tried to make out a case for anticipatory bail by claiming parity of present applicant with one of the applicant viz., Geet s/o Mahesh Motilal Mehta (Jain Marwadi) and submitted that the aforesaid accused person who has played a similar role was enlarged on regular bail and therefore, considering the fact that now the charge-sheet is filed in respect of other accused and though the present applicant was named in charge-sheet, the role is similar to that of accused

- Geet, he may be enlarged on bail.

4. Learned APP Mr.Mehta has vehemently opposed this application and submitted that the present applicant is an important link in procuring and distributing the contraband through Darkweb and his role is elaborately stated in the charge-sheet. From the charge-sheet, learned APP has pointed out that how from a particular Darkweb web-site the contraband Page 2 of 4 Downloaded on : Sat Sep 16 21:43:53 IST 2023 NEUTRAL CITATION R/CR.MA/11995/2023 ORDER DATED: 17/07/2023 undefined was ordered and the manner in which the same is distributed. He submitted that in past also, it is revealed during the course of investigation that in all 113 parcels of contraband were delivered to various address in the State of Gujarat and the payments were made through cryptocurrency. It is an international racket involving the countries like New Zealand and China and therefore, the present applicant has actively participated in trafficking of contraband and therefore, he may not be enlarged on anticipatory bail.

5. I have heard learned Advocates appearing for the respective parties and perused the record.

6. I have found that in respect of other accused persons who were arrested earlier against whom charge-sheet is filed and investigation qua those accused persons is over. However, on perusal of counter of charge-sheet, I have found that this is not a simple case of recovery of contraband on the basis of raid. It has a deep roots which goes to foreign countries and prima-facie it indicates an international racket of drug trafficking and therefore, it requires to be investigated thoroughly when prima- facie, it appears that what has been recovered by the Investigating Agency is nothing but a tip of an iceberg. Charge- sheet papers clearly indicate that the present applicant has actively participated in the offence in question and therefore even if it is claimed by learned Advocate Mr.Vyas that the co-accused who has played a similar role is released on regular bail, the para-meters for releasing a person on regular bail and anticipatory bail are different and therefore, it would not be Page 3 of 4 Downloaded on : Sat Sep 16 21:43:53 IST 2023 NEUTRAL CITATION R/CR.MA/11995/2023 ORDER DATED: 17/07/2023 undefined helpful to the present applicant. The custodial interrogation of the present applicant would require considering the magnitude of this drug trafficking racket which expands till China and New Zealand. Thus, considering the overall facts and circumstances of the case, as well as seriousness of the offence in question, this Court does not deem it fit to enlarge the applicant on anticipatory bail and therefore, present application deserves to be dismissed and is accordingly dismissed.

(NIRZAR S. DESAI,J) sompura Page 4 of 4 Downloaded on : Sat Sep 16 21:43:53 IST 2023