Gujarat High Court
Machavaram Sudhakar S/O Machavaram ... vs The National Investigation Agency Thro ... on 9 June, 2023
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.A/1585/2022 ORDER DATED: 09/06/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1585 of 2022
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MACHAVARAM SUDHAKAR S/O MACHAVARAM SUBBA RAO
Versus
THE NATIONAL INVESTIGATION AGENCY THRO SUPERINTENDENT OF
POLICE CHIEF INVESTIGATION OFFICER, MUMBAI
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Appearance:
AADITYA D BHATT(8580) with MS CHANDNI S JOSHI(9490) for the
Appellant(s) No. 1
MR DEVANG VYAS, ASG assisted by KSHITIJ M AMIN(7572) for the
Opponent(s)/Respondent(s) No. 1
MS KRINA CALLA, APP for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 09/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. In all, hearing of 6 applications is conducted where Advocates for each of the applicants have made elaborate and separate submissions and hence, separate orders are passed vide applications.
2. The present appeal is filed under Section 21 of the National Investigation Agency Act, 2008 and read with Section 439 of the Criminal Procedure Code for regular bail. The prayer made in the appeal is as under:-
"a) This Hon'ble Court may be pleased to enlarge the Page 1 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined Appellant forthwith on bail with F.I.R.No.RC-
26/2021/NIA/DLI registered by Superintendent of Police National Investigation Agency for alleged offenses punishable u/s Section 8(c), 21(c), 29 and 23(c) of Narcotic Drugs and Psychotropic Substance Act, 1985, and Section 120B, 466, 471 of The Indian Penal Code, 1860 on 06.10.2021, Previously arrested through the office of Directorate of Revenue Intelligence (DRI), Gandhidham Regional Union who had registered a case No.DRI/AZU/GRU/NDPS-01/2021; in connection with the alleged offense punishable u/ s Section 8(c) and 23 of Narcotic Drugs and Psychotropic Substances Act, 1985. That the Appellant was firstly detained on 17-09-2021 by, DRI Chennai, by way of quashing and setting aside the order dated. 10/6/2022 passed by the Court of Ld. Special NIA Judge, Ahmedabad on such reasonable terms and conditions as this Hon'ble Court may deem fit to impose in the interest of justice and the circumstances of the case;"
3. The appellant is attributed with the role that he was an active operator of importer from M/s.Aashi Trading Company and was the consignee of the freight of 2988.21 kgs of narcotirs substance (heroine) sent from Afghanistan to Mundar, Gujarat in the guise of semi-processed talc stones. The appellant facilitated Afghan national accused consignor by way of import export code (IEC), customer clearance and logistic support hired from Page 2 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined Gandhidham, Gujarat for same landing and transportation of the consignment in the guise of talc powder at Mundra Port, Gujarat and also arranged custom clearance and logistic for further movement and delivery of drugs. The appellant also received drug proceeds.
4. Learned Advocate appearing on behalf of the applicant submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the appellant was doing the business. The appellant is father of two minor kids (6 years boy, 10 years girl) who was working to upkeep his family with honest hard work in his business ventures. The Appellant resigned from his job at Ramco Industries on 19-03-2020 because he wanted to do business. However, because nationwide lockdown came to be imposed, his plan to start business could not be fructified; in the meantime Appellant, registered a proprietorship firm in the name of Aashi Trading, in the proprietorship of the present wife of the Appellant; it may be noted that property at registration address of Vaishali Trading Co. was purchased by grandfather of Vaishali way back in 1975 and mother of Vaishali is still living there; the mobile phone of the Appellant / his wife is active since 2012. Moreover mobile number of the Appellant and his wife was the same since 2012. If there had been any intention of committing such a mega level of Page 3 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined offence, any one would have purchased a dummy sim and would have provided dummy addresses with an dummy person and not expose themselves. The appellant also obtained the IEC (Import and Export Code); which enables any Indian Entity/National to do the business of import and export. The plans of the Appellant were to import and export of Rice and in connection with which, the Appellant was dealing with one Bangladeshi company, S. S. Helencha Pvt. Ltd; which also corroborates with the recovery of documents from the house of Appellant and his wife. 4.1 It is submitted that the appellant had a colleague namely Rajkumar (Accused No. 3 in the FIR registered by the NIA), who worked with him at Ramco Industries facility at Chennai; who got connected with him offering a business opportunity in import of Talc/ Processed Stone from Afghanistan. The Appellant, being jobless did not have sufficient money to place the order of consignment of Talc/Processed Stone and therefore, Mr.Rajkumar connected him with someone namely Amit (real name Hamid), who represented him to be connected with someone namely Javed in Iran, who was said to be connected with Mr. Husain Hassan in Afghanistan running a company namely, Hassan Hussain Ltd; who said that he will be given a credit facility of 30 days for the import of the talc. Therefore, the Appellant placed one order of talc the consignment of which was received approximately on 6th June Page 4 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined 2021; First consignment with Talcum powder (approximately 24 Metric Tonnes), arrived at Mundra Port, which was eventually dispatched to one Kuldipsingh in Delhi, who was a person arranged through person namely Amit; for facilitating the said transaction Sudhakar got approximately Rs.30,000/- (towards Services Charges) + 40,000/- (received through Input Tax Credit of GST); it may be noted that the first consignment of the Talc was thoroughly examined by DRI (with necessary lab tests, to the best knowledge of Sudhakar), and the consignment was provisionally released on 19th June 2021. On 14th September 2021, Appellant received a call from one Sanyard Shipping Solutions, Freight forwarding service in Gandhidham, Gujarat who was supposed to do the task of shipping clearance for the consignments, that the contents of the consignments are found to be suspicious and therefore sent for laboratory testing. Being confident about the content being talc, and also from the previous experience where also DRI had followed a detailed procedure to test/examine the goods before provisional release; and ignorant of the fact that a huge fraud has been played with them; Appellant and his wife, remained at their place only; wherein at night at 11:00 PM DRI officials, came to his house saying that Drugs is found from the consignment which was ordered by Appellant, through Aashi Trading. Therefore, he and his wife were taken to DRI, Chennai Facility for Interrogation; thereafter, after issuing summons on 15th September 2021 and Page 5 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined 16th September 2021, by DRI, Chennai for recording their statements u/s 67 of the NDPS Act; the Appellant and his wife, both were arrested by DRI Chennai on 17th September 2021 and sent to Bhuj, Kutch, via transit remand.
4.2 It is argued that as far as the present appellant is concerned, he has merely imported the shipment under the impression of semi processed talc stones and had no knowledge of the contraband heroin; and the wife of the Appellant has applied her signatures wherever Appellant told her to sign. Moreover vide order dated 14-03-2022 bearing no.11011/64/2021/NIA, Ministry of Home Affairs CTCR division have clarified that present Appellant is only charged with Section 120B, 466 and 471 of the IPC r/w. Section 8(c), 21(c), 23(c) and 29 of the NDPS Act, 1985 and Sections 17 and 18 of the Unlawful Activities (Prevention) Act are not pressed. The appellant had no knowledge that deceitfully such contraband substance is likely to be imported and that Appellant and his wife are likely to be made scapegoats. It is submitted that the Appellant was managing all the affairs of M/s. Aashi Trading Company and having the address of Vijayawada. It may also be noted that this is the address, where the property was purchased in 1975 by father of Appellant's wife and till date mother of appellant's wife is staying at this place; had there been any deceitful intentions, there would have been a choice of dummy Page 6 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined place and dummy mobile number. Moreover, there is no recovery or discovery or finding of any incriminating substance/ documents, money trail etc. from the present Appellant; which itself goes to show that he is innocent. The appellant has not taken any remuneration from anyone for these shipments or favours in any form other than the legitimate dues for doing import clearance. The account of the Appellant /his wife/ his daughter were thoroughly scrutinized and the same were found to be clean. There was no other illicit monetary trail /channel found at the end of investigation.
4.3 Learned Advocate for the appellant has thereafter argued that there were lapses in the investigation, both at the time of first consignment as well as the second consignment. It is submitted that the first consignment was originally booked in the name of V.K. Enterprises Delhi vide B/L no.210065. Copy of SGS report from Iran states loading happened inside customs bonded warehouse at Bandar Abbas port on 24-05-2021 under their supervision and report issued on 26-05-2021. It was handed over to the shipping line after completion of customs formalities. It is submitted that Cargo cleared by SGS loading inspection Team and Iranian Customs clearance in the name of V.K. enterprises much before Appellant agreed to work and it was only a title transfer. 4.4 It is submitted that Statement of Mayank Bhanushali-
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Customs examination process confirms that there was no unusual smell while opening container of 1st shipment; whereas, DRI in their Panchnama for the 2nd lot observes that they noticed pungent smell while opening 2 containers from 2nd lot (September) Shipment. Moreover, 1st consignment was cleared after holding at Indian Customs custody after all process completion including clearance at customs approved laboratory. Mayank Bhanusali has also stated that he did not verify seal numbers while opening the 1st shipment container and also confirms no customs inspector was present at the time of seal cutting. He has also stated that the customs inspector did not pick samples from any particular bag and selected randomly which prima facie establishes that the present Appellant had no role in the customs process.
4.5 It is submitted that It is submitted that Based on success of the 1st Cargo Appellant-Sudhakar agreed to work for 2 nd cargo when offered around 26th August Shipment arrived on 11th September and Bill of entry was filed by 14th September afternoon. It is submitted that Second consignment also passed through: a. SGS loading inspection, b. Iranian customs scrutiny before landing in the ship and c. Maritime Insurer. In such circumstances it inspire lot of doubt about the theory that the containers containing narcotic substances were consigned from Iran. 4.6 It is submitted that Punchnama on seizure says Seal no.
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mismatch did not mention SGS seal no. Page no.000004 says a pungent smell is noticed on containers. Page no.000008 says 18 bags + one empty bag found but Vol.2-A-000606-000607, SGS report says only 18 bags were loaded in their presence and seal nos. were recorded also. It is submitted that Seal mismatch in India has never been investigated by the NIA at all. Vol.2-A-000582 B/L copy/000586 container no. and seal no. tallied with cargo manifest. Thus, the NIA charge sheet has failed to clarify where, when, how and who loaded the drugs into the container, when the consignment from Iran was that of Talcum Powder. Moreover stuffing/loading of goods was done under supervision of SGS (Societe General de Surveillance) (World renowned, 3rd party inspection agency) who have inspected and recorded container seal numbers and container numbers, which is also reflected in cargo manifest and bill of lading. The appellant craves leave to refer to and rely upon Facility Notice No.73 of 2015; dated. 01/10/2015. 4.7 It is also submitted that there is reasonable doubt that tampering could have happened between the Voyage portion of the Ship and arrival at customs bonded warehouse. Where Vessel (Ship) operator and shipping liner were technically owners of cargo and they were not questioned until now on this aspect. It is submitted that Ref. Annexure-B Vol.9 Page 003178/3179-DRI Hyderabad office letter states that Aashi Trading worked merely Page 9 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined for 30,000/- and may not be knowing the seriousness of cargo. Also bill of entry no.3160-695 had a similar cargo from Hassan Hussain Ltd. As per CDR data tower location of Sudhakar was never found in Mundra/Delhi and also he was never in touch with any of the accused other than Javad.
5. As against this, learned ASG appearing for NIA has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the case was registered by Directorate of Revenue Intelligence (DRI) Unit Gandhidham, Gujarat vide Case file No. DRI/AZU/GRU/NDPS-01/2021 under the provisions of the Narcotics and Psychotropic Substances Act, 1985 (in short 'N.D.P.S Act' for the sake of brevity). The offence pertains to a seizure of total 2988.210 Kgs of narcotics drugs Heroin at Adani Port, Mundra. The said consignment was sent from Afghanistan via Bandar Abbas, Iran. The consignment of heroin concealed with Talc Powder was imported at Mundra Port in the name of M/s. Aashi Trading Company. The investigation by DRI Gandhidham revealed that, the accused person 1) Machavaram Sudhakar started business in the name of M/s. Aashi Trading Company, by way of opening the said concern in the proprietorship of his wife, accused 2) Smt. Govindaraju Durga Purna Vaisali, and obtained IEC No. AOTPG6030R in the name of the said proprietorship concern. The accused person, Machavaram Page 10 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined Sudhakar, acted as an operator and manager of the said proprietorship concern M/s. Aashi Trading Company with his wife. As a part of the larger conspiracy and exploring the overseas connections of the conspirators, where the accused 3) Rajkumar Perumal, is also one of the active members of the illegal conspiracy, they had managed to import the consignment of heroin concealed with Talc Powder imported at Mundra Port in the name of M/s. Aashi Trading Company. The Bill of Entry No. 5408652, dated 11.09.2021 at Mundra Customs was filed on behalf of M/s. Aashi Trading Company, where the imported goods were described as 40.940 MTs "Semi Processed Talc Stones" falling under CTH No. 25262000, stuffed in two 40 feet containers No. GVCU5288290 and TTNU9289839. The B/E was further declaring the country of origin of the goods as Afghanistan and it was further reflecting B/L No. FFSMM211182, dated 08.09.2021 issued by Focus Freight Solutions, which was showing the port of loading of the containers as Bandar Abbas, Iran. The supplier of the goods is declared as M/ s. Hasan Husain Ltd., Afghanistan with CIF value of the goods as USD 10,235/- accordingly having the assessable value of the goods were declared in the B/E as Rs.7,56,878/25.
5.1 It is submitted that based on an intelligence input, the officers of the GRU, DRI intercepted the consignment of goods imported vide B/E No. 5408652 dated 11.09.2021 and during Page 11 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined examination of the contents of the Container No. GVCU5288290 & TINU9289839, it was found that the said container contained total 2988.210 kgs of prohibited narcotics drug of "Heroin" duly concealed in the said consignment, as per the opinion of the Scientific Officer, FSL, Gandhidham. The accused persons 1) Mr. Machavaram Sudhakar S/o Late Machavaram Subba Rao. 2) Smt. Govindaraju Durga Purna Vaisali were arrested by the DRI on 17.09.2021 and 3) Rajkumar P. was arrested by DRI on 25.09.2021 in the case.
5.2 It is submitted that DRI investigation has revealed that, the accused persons, earlier in the month of June, 202} 'managed to smuggle huge quantity of narcotics drugs heroin from Afghanistan to Adani Port, Mundra, Gujarat and further delivered and concealed in the godown at Alipur in Delhi by adopting the same modus operandi.
5.3 It is submitted that, the follow up actions by DRI, Gandhidham, Gujarat, in respect of aforesaid seizure of narcotics drugs substance (2988.21 KG) from Mundra Port, Gujarat resulted in further seizure of 16.105 kgs of Narcotic substance (Heroin) from Alipur, New Delhi under provisions of NDPS Act, 1985 by DRI, Delhi and ¢he DRI, Delhi arrested accused persons 5 - Pradeep Kumar, 6-Said Mohammad Hussaini S/o Sayed Ali, and 7-Fardin Amery@ Fardeen Khan on 19.09.2021 as per the charge sheet.
Page 12 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined 5.4 It is submitted that, further during the course of the
investigation, name of the suspect Mohammad Khan Akhlaqui came fore who was associated with the Afghan Nationals residing in New Delhi and was in touch with the master mind of the case i.e. Hussain Shah in the smuggling of narcotics drugs substance. It is submitted that, the NIA on 22.10.2021, received tip off the said suspect Mohammad Khan Akhlaqui is about to run away from India. Following the input, Look out Circular dated 22.10.2021 was issued against the said suspect and he was detained at the International Airport, New Delhi on the basis of LOC and handed over to NIA on 23.10.2021. The NIA, after following the procedure laid down in the CrPC arrested accused 4-Mohammad Khan Akhlaqui on 23.10.2021 as per the charge sheet.
5.5 It is further submitted that, the accused Mohammad Khan Akhlaqui was produced before the Metropolitan Magistrate, Patiala House, New Delhi on 24.10.2021 and obtained his transit warrant for his production before the NIA, Special Court, Ahmedabad in the present case. Subsequently, on 25.10.2021 said accused was produced before this Hon'ble Court and obtained Police Custody remand for the period 25.10.2021 to 27.10.2021. 5.6 It is submitted that, during the course of the investigation, it was revealed that, seizure of 16.105 kgs of narcotic Page 13 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined substance (Heroin) by DRI Delhi, was the part of the first consignment sent by wanted accused no.1 (W.A. No. 1) Hussain Shah from Afghanistan to Mundra, Gujarat and further transported and unloaded into the Godown located at Alipur, in Delhi. 5.7 It is submitted that, the accused persons arrested by DRI, Delhi in DRI Case No. DRI/DZU/34/ENQ25/2021, being part of the conspiracy and involved 'in NIA RC-26/2021/NIA/DLI being connected offence and being same gang of organized crime of Drugs and being the second consignment which was also sent from the same person i.e. Hussain Shah (W.A. No. 1) having the same destination with same modus operandi.
6. In rejoinder, learned Advocate for the appellant submitted that the appellant is not party to any conspiracy even as per the case of the prosecution. The entire conspiracy was hatched at Dubai and the appellant had no occasion to travel to Dubai. 6.1 It is submitted that even from the technical evidence, the prosecution has failed to establish that the appellant was in direct connect with the main conspirator. It is submitted that there were other companies, viz. Jesus Christ Impex, M/s.Magent Inedia, M/s.V.K.Enterprises and M/s.Vyom Fashions, who were also involved in the import of drugs and were in touch with the main Page 14 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined conspirator. Still, none of them have been investigated or are made accused.
6.2 It is submitted that considering the magnitude of the consignment and the amount that is paid to the appellant, in no manner does it match with the huge quantity. The appellant had hardly received money through "Aangadiya" and that too only to the extent of what he is officially required to receive and pay to the agencies involved in the export. Therefore, it cannot be said that the appellant has amassed huge quantity of wealth by indulging in the alleged criminal activity of importing of drugs.
7. Having heard learned Advocates for the parties and having perused documents on record, it appears that it is a case where on 13/09/2021, a specific intelligence input was received by DRI, Gandhidham, Dist. Kutch, Gujarat, that a-consignment imported by M/s Aashi Trading Company, Vijaywada declared as Semi processed Talc Stones' originating from Afghanistan and shipped from Bandar. Abbas Port, Iran to Mundra Port, Gujarat, suspected to contain Narcotics drugs, was to arrive at Mundra Port, Kutch, Gujarat. Acting upon the intelligence, the DRI, Gandhidham, on 13/09/2021, constituted various teams to verify the fact at TG Terminals Pvt Ltd. Container Freight Station Mundra Port, Gujarat. The above said import consignment in two containers bearing Nos. GVCU5288290 & TTNU9289839, covered under Bill Page 15 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined of Lading No. FFS-MUN-211168 dated 06.09.2021 and Bull of Entry No. 5408652 dated 11.09.2021 was put on hold at M/s. TG Terminals, CFS, Pvt.Ltd., Mundra Port, for detailed examination.
8. The DRI, examined the goods. under panchanama dated 14-17.09.2021 for the goods in 18 jumbo bags in container No.GVCU5288290 and panchanama dated 18-19.09.2021 for the goods in 20 jumbo "bags in container No. TTNU9289389. Preliminary testing of the goods were conducted by the experts from Forensics Science Laboratory (FSL), Gandhinagar during examination of goods, The test reports confirmed the presence of Narcotic Substance Heroin (Opium derivative) in 03 out of total 38 Jumbo bags covered under Bill of Lading No, FFS-MUN-211168 dated 06.09.2021 and Bill of Entry No. 5408652 dated 11.09.2021 declared as "Semi Processed Talc Stones". The DRI recovered 1999.579 Kgs of Narcotic Substance Heroin from two out of 18 jumbo bags in container No. GVCU5288290 and 988.64 Kgs of Narcotic Substance Heroin from one out of the 20 jumbo bags in containers No. TTNU9289839. Thus, a total quantity of 2988.21 kg of Narcotic Substance Heroin having international value worth Rs.21,000 crores, was recovered from the above said import consignment in two containers, and the same was seized under the provisions of the NDPS Act, 1985. In this connection, DRI, Gandhidham. Regional Unit registered a case No.DRI/AZU/GRU Page 16 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined /NDPS-01/2021 dated 14/09/2021 under sections 8{c) & 23 of the NDPS Act, 1985 and seized 2988.21 kg of Narcotic Substance Heroin along with the. declared goods I.e. Semi Processed Talc, Stones in the two containers, under the provisions of NDPS Act, 1985 and took up the case for investigation.
9. The Ministry of Home Affairs, Government of India, having regard to the gravity of the offences with national and international ramifications, issued orders in exercise of the powers conferred under issues won (3) of Section 6 read with Section 8 of National Investigation Agency Act, 2008, vide Ministry of Home Affairs, CTCR Division, North Block, New Delhi F. No.11011/64/2021/NIA, dated 06.10.2021 transferred the case to NIA, Mumbai. In compliance to the order of MHA, NIA re- registered the case as RC26/2021/NIA/DLI on 06.10.2021 under Sections 8 (c), 23 of NDPS Act, 1985 and Sections 17 and 18 of the Unlawful Activities (Prevention) Act, 1967.
10. Subsequently NIA, submitted Original FIR No. 26/2021/ NIA/DLI in the NIA Special Court, Ahmedabad on 07/10/2020! and took over the investigation of the case from DRI Gandhidham on 12/10/2021 and got transferred all the case papers/documents/articles along with the physical custody of the 03 arrested accused persons from the Special NDPS Court, Bhuj, to NIA, Special Court, Ahmedabad, Gujarat vide order dated Page 17 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined 1/10/2021 passed in Cr. M. A. No. 1136 of 2021, by the Spl. NDPS Court, Bhuj, Kachchh. It is submitted that, the Police custody of the above named accused nos.|, 2 and 3 were taken over by NIA from NIA Special Court.
11. The Ministry of Home Affairs, Govt. of India vide their order No. 11011/64/2021/NIA dated 25th October 2021, in exercise of the powers conferred under Sub-Section (5) of Section 6 read with Section 8 of the NIA Act, 2008, directed the NIA, Mumbai to take over the case of DRI Delhi No.DRI/DZU/34/ENQ-25/2021 being connected offence. In pursuance to the said order, on 03.12.2021 NIA took over case papers of DRI case.
12. The investigation by DRI revealed that, the importing firm Aashi Trading Co, was a proprietorship concern of Govindaraju Durga Purna Vaisali (A-2), and business activity in the said firm was managed by her husband Machavaram Sudharkar (A-1). Accordingly, the husband, and wife couple. (A-1 &.A-2) were arrested by DRI Gandhidham on 17.09.2021 under the provisions of NDPS Act, 1985. The investigation by DRI Gandhidham also revealed that, a similar consignment of Semi Processed. Talc Stones was earlier imported by Aashi Trading Co. in the month of June, 2021 as per Bill entry No. 4256146 dated 09/06/2021, and same was transported to Delhi and delivered at a warehouse in- Alipur Delhi; that arrangements for customs clearance of the said Page 18 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined consignment at Mundra port and Subsequent transaction thereof from Mundra port to the warehouse at Alipur Delhi was organized by A-1, as per the directions of an Afghan national Mohammad Hussain Dad (WA-1) owner of the Afghanistan based supplying firm Hasan Hussain Ltd, that A-1 was introduced to WA-1 by Rajkumar Perumal (A-3) Accordingly, A-3 was arrested DRI Gandhidham on 17.09.202 under the provisions of the NDPS Act, 1985.
13. Considering the fact that Narcotic substances were being smuggled into India from Afghanistan via Iran in such huge quantities, and the criminal conspiracy involved therein suggesting that the money generated through sale of such Narcotic drugs was being used for furthering terrorist activities in India, the Ministry of Home Affairs, Government of India, CTCR Division, North Block, New Delhi vide its order F.No.11011/64/2021/NIA dated 06/10/2021, issued as per provisions of sub-section (5) of section 6 read with Section 8 of the National Investigation Agency Act, 2008, directed NIA to take over investigation relating to DRI Gandhidham Case No.DRI/AZU/GRU/NDPS-01/2021. The said case was re- registered by NIA vide FIR No.RC-26/2021/NIA/DLI dated 06.10.2021 and investigation of case was taken over from Directorate of Revenue Intelligence (DRI), Gandhidham, Gujarat, and custody of the three arrested accused A-1,-A-2 and A-3 along Page 19 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined with Court records were transferred from the NDPS Court Bhuj to the NIA Special Court at Ahmedabad.
14. During the investigation, facts were disclosed where Afghan based wanted accused Mr.Mohammad Hussain Dad @ Hussain Shah Noorzai @ Haji (WA1) -and Mohammad Hasan Shah (WA-2) brother of Hussain shah having business license in the name of "HASAN HUSAIN LTD" issued by the Islamic Republic. of Afghanistan, both, President and Vice. President and partner of Hasan Husain Ltd, respectively hatched a deep rooted criminal conspiracy along with Afghan nationals arrested accused A-4, A-6, AT, A-8, A-9 & A10, Indian nationals arrested accused A-1 to A-3 & A-5, Afghan Nationals wanted accused WA-4, WA:5 & WA-6 and with Iran National wanted accused WA-3, for the smuggling of the huge quantity of narcotics drug Heroin from Afghanistan to Mundra Port, Gujarat via Abbas Bandar sea port Iran for further transportation, distribution among the drugs peddlers in Delhi, Punjab, Uttar Pradesh and other states of India.
15. It is is established that in furtherance of the conspiracy, WA-1 approached Iranian national Javad Najafi (WA-3) for arranging logistical support at Bandar Abbas port Iran for shipment of the drug consignments to India, and also for finding a person in India who could act as a consignee for such shipments and for handling the logistical work at the port of import in India.
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Accordingly, WA-3 approached Rajkumar Perumal (A-3) in the month of May 2021 asking for assistance at Mundra port in India, for the import, clearance and onward transportation of the consignments proposed to be sent by WA-1 & WA-2 from Afghanistan via Bandar Abbas port, Iran. The said communication was done by WA-3 from his mobile number +98 9155681365 to the mobile number +91 6380479074of A-3.
16. Rajkumar Perumal-A-3-appellant in turn approached Machavaram Sudhakar (A-1), who offered to act as consignee for the shipments proposed to be sent by WA-1-Mohammad Hussain Dad @ Hussain Shah Noorzai @ Haji, and provided the consignee name as M/s Aashi Trading Company, Vijayawada wherein his wife Govindaraju Durga Purna Vaisali (A2) was a Proprietor. A-1 agreed to handle the work of import, customs clearance and onward transportation of the said consignments to Delhi on behalf of WA-1 for monetary consideration. In furtherance of the conspiracy, A-3 created a WhatsApp group named "TALC" "and added A-1 and WA- 3 as. its members. Subsequently, A-3 made A-1 also an 'Admin' of the said group and thereafter A-1 added WA-1 to the group, as per the request made by WA-3. The said WhatsApp group was used as a virtual place for the conspiracy meetings held by WA-1 and WA-3 with A-1 and A-3, for further planning and implementation of the plan to smuggle Narcotics substance Heroin from Afghanistan to Page 21 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined India, through sea route from Bandar Abbas port Iran to Mundra Port, Gujrat, India, Talc Stones'. A-1 provided WA-1 and WA-3 with details of the firm Aashi Trading Co. so that shipping documents could be accordingly prepared by WA-3 showing Hasan Hussain Ltd. Nimroz, Afghanistan, a firm owned by WA-1 and his brother WA-2 as consignor for the shipments and Aashi Trading Co. Vijaywada, firm owned by A-2 as consignee for the shipments.
17. The first consignment was shipped from Bandar Abbas Port (Iran) to Mundra Port (India) in a 20 feet container bearing No.FSCU 3838911, on vessel Gemini Voy. No.0015, covered by shipping document viz. Bill of Landing No.SHS-MUN-210065 dated 02.06.2021, issued by Sea Horse Shipping, 100-C, Room No.402, 11th Street, Khayban-e-Jami Commercial, Phase 7, DHA, Karachi, Pakistan. As per the Bill of Lading, shipper is Hasan Hussain Ltd. And consignee is Aashi Trading Company, Delivery instructions are "For Delivery Apply To Navio Shipping Pvt. Ltd. Office No.209, 2nd Floor, Rishabh Arcade, Plot No.83, Sector-8, Near GST Bhavan and freight is pre-paid at Dubai. For the purpose of Customs clearance of the above said consignment at Mundra Port, WA-3 had sent to A- 1, shipping documents such as Invoice, Packing List, Certificate of Origin, etc. through courier as per Airway Bill No.311 308 449 31 dated 02.06.2021 issued by Aramex wherein the sender is Mr.Mohamdreza Barakchian, having mobile number Page 22 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined +989155060149, Address No.22, South Bozorgmehr, 22 Str.Sajjad Blvd, Mashad, Iran, and the receiver is Sudhakar Machavaram, Aashi Trading Company, having mobile number 00919441288199, C/o.Sanard Shipping Solutions, Gandhidham, Kachchh. The said consignment arrived at Mundra Port, Gujarat on 05/06/2021. A-1 (M. Sudhakar) hired the services of following entities for clearance of the consignment at Mundra port and its onward transportation to Delhi in another container, as desired by A-1 i.e. 1) Shipping Agent - Navio Shipping Pvt. Ltd., Gandhidham, 2) Customs Broker- Sanard Shipping solutions, Gandhidham, Gujarat, 3)Transporter-M/ s Jaydeep Logistic, Gandhidham, Gujarat, 4) Empty Container provider-Prabhu Logistic, Gandhidham, and 5) Trailer services - Shyam Transways, Gandhidham, Gujarat. Customs clearance for the said consignment was accorded as per Bill of entry No.4566146 dated 09.06.2021 filed at Custom House, Mundra by Sanard Shipping using the Customs Broker Licence of M/s. Pacifica Industrial Solutions Pvt. Lted. Material details in the said Bill of Entry were as per documents such as Invoice, Packing List, Bill of Lading, etc. provided by A-1 to Sanard Shipping. The above said consignment had arrived at Mundra port in a 40 feet container bearing No.FSCU 3838911. However, post issuance of Out of Charge order by the Customs authorities, the consignment was moved from container No. FSCU 3838911 to another 40 feet container No. SEGU 9618616 taken on rent by Sanard Shipping Page 23 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined from M/s. Prabhu Logistics, Gandhidham, as per the request made by A-l.
18. During investigation, it is found that WA-1- Mohammad Hussain Dad @ Mohammad Hussain Shah provided A-1- M.Sudhakar with the name. Hameed Bhai @ Amit bhai and mobile number 8882536262 as that of the. contact person of WA-1 at Delhi who would receive the consignment at a pre-decided location. A-1 in turn shared the mobile number 8882536262. with the transporter who in turn. shared the same onwards to the driver of truck trailer bearing registration No. RJ-01-GB-8328 which. had carried the consignment from Mundra port. to, Delhi, and Afghan national Najibullah Khalid (WA-4) posing as 'Hameed bhai @ Amit bhai. guided the driver to deliver the consignment at its final destination i.e. Khasra no 713, near Shivam Dharam Kanta, Alipur, Delhi where WA-4 himself received the consignment at the warehouse, on behalf of WA-1. For the purpose of transportation of the above said consignment from Mundra Port to the warehouse at Alipur Delhi, A-1 and A-2 had fabricated an Invoice No. ATCOO1/202122 dated 19.06.2021 showing sale of the 'said consignment by Aashi Trading Company to Kuldeep Singh, Khasra No.713, Near Shivam Dharam Kanta, Village Alipur, Delhi-36. As per the said invoice 24730.00 Kgs of Semi Processed Talc Stones was shown as sold for a total amount of Rs.9,16,617/+ (including Page 24 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined GST) and the said invoice was signed by A-2-Vaishali as authorised signatory of Aashi Trading Company. Upon delivery of the said consignment at the address provided, WA-4-Najibulla Khalid had given acknowledgment of receipt of the consignment on the Sale Invoice on 23.06.2021. An image of the said Sale Invoice bearing acknowledgment of receipt, was captured by driver of the trailer Sh.Afan Baig on his mobile phone, and said image was transmitted over WhatsApp to A-1 though the transporter. A-1-M.Sudhakar in turn forwarded the image through WhatsApp to WA-1- Mohammad Hussain Dad @ Mohammad Hussain Shah as a proof of safe delivery of the consignment at Delhi.
19. It was also found that All expenses towards import clearance and transportation of the June 2021 consignment from Mundra port to Delhi was borne by WA-1-Mohammad Hussain Dad @ Mohammad Hussain Shah, for which cash amount of Rs.9 lakhs, was received by A-1-M.Sudhakar, though hawala as per arrangements made by WA-1-Mohammad Hussain Dad @ Mohammad Hussain Shah. Part of the said cash amount i.e. Rs.1 Lakh was recovered from a witness who had received the same from A-1-M.Sudhakar. The investigation has also revealed that a cash amount of Rs.3 lakhs was collected from a hawala agent in Delhi by arrested accused Alokozai Mohammad A-8) as per the directions of absconding accused Abdul Hadi (WA-6), and the same Page 25 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined was routed to Custom clearing agent M/s. Sanard Shipping through bank account of a witness, as advance payment for import clearance of the September 2021 consignment of Aashi Trading Co.
20. The Bank statements for the accounts of A-1, A-2, Aashi Trading Co, and Sanard, Shipping, A-5 and the bank statements of certain witnesses concerned, clearly establishes the fact that the entire operation was being funded by WA-1, and funds for remittance for the declared cargo, transportation thereof to Delhi, storage at rental warehouse, etc, was funded by cash transactions routed through hawala operators at Delhi which in turn was converted into bank deposits, for projecting legitimacy of the transactions.
21. The technical evidence collected by the investigation would also indicate that Analysis report of WhatsApp group "Talc" created by A-3 (Rajkumar as by his mobile number +91 6380479074, during the month of June,2021, joined by A-1 (M. Sudhakar) having mobile no. +91 9345375902, 9441288199, WA-1 (Mohammad Husain Shab) having mobile No. +93 700937070 and WA-3 (Javad) having mobile no.+98 9155681365, will establish the communication among the accused persons, sharing of documents to each other, preparation and implementation of the conspiracy for the smuggling of huge quantity of narcotics drugs from Afghan to Mundra, Gujarat and therefore, the Court finds that the Page 26 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined appellant Entered into a criminal conspiracy hatched by an Afghan national Mohammad Hussain Dad @ Mohammad Hussain Shah (WA-1), in association with an Iranian national Javed Najafi @ Javed (WA-3), and Perumal Rajkumar (A-3), for the smuggling of huge quantity of Heroin from Afghanistan to Mundra, Gujarat through sea route in the guise of semi-processed Talc Stones. In furtherance of the conspiracy he joined a WhatsApp group named "Talc" created by A-3 having WA-3 as a member. He became an Admin in the said WhatsApp group and thereafter he added WA-1 to the said WhatsApp group which was used specifically for planning and execution of the conspiracy. Acting on the conspiracy he had in June 2021 used the Import export code (IEC) of M/s Aashi trading Company obtained in the name of his wife Durgapurna Govindaraju Vaisali (A-2), for the import consignment of Semi processed Tale' Stones which was used for concealing Narcotics Substance (Heroin) smuggled from Afghanistan to India through Mundra port in Gujarat. He had hired the services of a Customs Broker at Mundra port and arranged for import clearance of a consignment of Semi Processed Talc Stones having Narcotics Substance (Heroin) concealed therein. He also arranged for further transportation of the said import consignment from Mundra port to a pre-decided warehouse in the outskirts of Delhi, for which he in association with his wife A-2, as per the instructions of WA-1 and WA2 forged and fabricated a false GST Invoice, claiming sale Page 27 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined thereof to a fictitious person. A-1 also received Rs.9 lakhs in cash through hawala agents in Chennai for handling the said logistics at Mundra port on behalf of WA-1. In September 2021 he again acted in furtherance of the conspiracy when a consignment 2988.21 kgs of Narcotics Substance (Heroin) concealed in two containers of imported goods declared as Semi Processed Talc Stones, consigned in the name of Aashi Trading Co, arrived at Mundra port, and was attempted to be cleared by him for onward transportation to Delhi on behalf of WA-1. However, same was seized by DRI authorities at Mundra port. He had instructed WA-1 to make advance payment of Rs.3 lakhs to the Customs Broker for speedy clearance of the second consignment of narcotic drug Heroin in the guise of Semi Processed Talc Stones.
22. The Court has also analyzed the evidence on record in the form of statements of various witnesses, which could be summarily referred to establish the evidence available and the purpose of the witnesses in the investigation.
23. The Court also finds that the investigation has examined many witnesses to prove the case against the accused persons. Shri Prabhat K. Rameshwaram is the Additional Director, DRI, Gandhidham. In his version, he has stated that intelligence was received in respect of the suspected goods and later shared by him with the Principal Commissioner Customs, Mundra, for putting Page 28 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined consignment on hold, and with DRI, Unit Delhi by sharing of inputs regarding the June, 2021 consignment. Shri Vikram Meena is SIO, DRI, Gandhidham. He has stated that he initiated the examination of the cargo (consignment) and drawn seizure Panchnama of recovered 2988.21 kgs of drugs at Mundra Port. Dr.H.M.Rajpara is the Scientific Officer, FSL, Mobile Investigation Van, Gandhinagar. He has preliminary examined seized narcotics substance along with other FSL officers at TG Terminal, CFS, Mundra Port on 14.09.2021. Dr. Purnima Mishra, Chemical Examiner, Grade I, CRCL New Delhi AND Shri Vasudev Meghwal, Assitant Chemical Examiner, CRCL, New Delhi have stated that regarding presence of Diacetyl Morphine (Heroin) along with 6-Mono acetyl morphine and Acetyl Codeine in the test samples. Shri R. Rajesh, SIO, DRI, Chennai, Shri Rajesh Kumar Jha, Intelligence Officer, DRI, Chennai, Shri Anjali Narayan, Intelligence Officer, DRI, Chennai, Shri Ramar S and Shri D. S. Murugan have stated regarding search & seizure of documents from the house of A-1 and A-2. Shri Ishan Mukeshbhai in his version has stated that he is F-Card holder Customs Broker (Customs House Agent) and Director of Pacifica Industrial Services Pvt. Ltd. His licences was used by Jigar Bhadra (G-card holder) for Customs Clearance for the first consignment and documentation of the 2nd consignment by filling Bill of Entry. He will prove that the Bill of Entry of Aashi Trading was filed at the instance of Jigar Bhadra. Shri Naresh Assandas Santwani in his Page 29 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined version has stated that he is proprietor of the firm Ms/ Sanard shipping solutions that assisted in customs clearance and domestic logistics for 1st and 2nd consignment (forwarder in the clearance of Aashi Trading Co.). Shri Jignesh Sorathia in his version has stated that he is employee of the firm M/s Sanard shipping solutions assisted in Customs clearance and Domestic logistics for the consignment and for documentation of the 2 consignment who was in contact with M. Sudhakar; that the Sanard Shipping did not check with the genuineness as the reference of M. Sudhakar (A-1) was given by Shri Ravi Varman (friend of proprietor Shri Naresh Santwani). He will prove that the documents were sent to the forwarding agent V-Global Logistics (Jigar Bhadra) for handling the cargo clearance which was done by M/s Pacifica Industrial Services Ahmedabad; that the transportation of heroin laden semi processed talc stones to Shri Kuldeep Singh at Khasra No.713, near Shivam Dharma Kanta, Alipur, Delhi-36, in a private container laden on truck No. RJ-01-GB-8328 arranged by Jaydeep Logistics (Shri Prashant Varyani); that Rs.3,10,973 received from M. Sudhakar and Durga Vaisali Customs clearance, agency charges, CFS Charges, Misc. charges, stamp duty, shipping line service and deposit for 1st consignment; that for 1st consignment his firm paid all incurring charges to V-Global Shipping & Logistics, Jaydeep Logistics, M/s Ngvio Shipping, for clearance of consignment under Bill of Entry No. 4256146 dated 09-06.2021 and that his firm Page 30 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined received Rs.3,00,000 from Smt. Neha Kumari through RTGS transfer for Bill of Entry No.5408652 dated 11-09-2021 (2nd consignment). Shri Prashant Vayani in his version has stated that he is Manager and handler of Jaydeep Logistics who had arranged for container and truck through Shree Shyam Transways logistics support and transportation of heroin laden talc stones of 1 st consignment (June '2021) of Aashi Trading Co, delivered at Khasra No./713, near Shivam Dharma Kanta, Alipur, Delhi-36; that the said talc stones laden heroin consignment was delivered through Jaydeep Logistics by transferring the sad goods into the empty container of Prabhu Logistics on the truck of Shri Sadik Mirza Baig Truck No RJ-01-BG-8328; that the said heroin laden goods were delivered at Khasra No.713, near Shivam Dharma Kanta, Alipur, Delhi-36 and that Delhi based contact person Hameed having mobile no.8882536262 (WA-4) and said consignment was to be delivered in the name of Kuldeep Singh. Digvijay Singh Rathore in his version has stated that he is manager of the firm M/s. Shyam Transways who provided drivers, vehicles (containers taken on rent from Prabhu logistic) for domestic delivery from Mundra to Delhi for the first import consignment; that he being manager of Shree Shyam Transways on the request of Jaydeep Logistics had arranged for container and truck of Shri Sadik Baig and container of Prabhu Logistics for transportation of heroin laden talc Stones of 1% consignment (June '2021) of Aashi Trading Co weighing 25 Mts, Page 31 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined and the same was delivered at Khasra No.713, near Shivam Dharma Kanta, Alipur, Delhi-36 by drivers Jafir and Irfan; that the said talc stones laden heroin consignment was delivered through Jaydeep Logistics by transferring the said goods into the empty container of Prabhu Logistics on the truck of Shri Sadik Mirza Baig Truck No RJ-01-BG-8328; that the said heroin laden goods to contact person having mobile no.8882536262 (WA-4). He will prove that he contacted the Delhi based contact person Hamid having mobile no.8882536262 (WA-4) and confirmed the delivery address, of which he is having voice recording saved in his Samsung mobile phone and that the said goods were loaded on container in said truck on 20-06-2021 and delivered from Mundra to Delhi via Ajmer on 23-06-2021. Director, DFSL, Gandhinagar, Gujarat in his version has stated that Rajkumar Perumal (A-3) having mobile number +916380479074 created a WhatsApp group named 'TALC' and added M Sudhakar (A-1) +919345375902, +919441288199 and Jav Najafi (WA-3) +989155681365 as its members. Subsequently, A-3 made A-1 also an 'Admin' of the said group and thereafter A-1 added WA-1 to the group, as per the request made by WA-3 and that the said WhatsApp group was used as a virtual place for the conspiracy meetings held by WA-1 and WA-3 with A-1 and A-3, for further planning and implementation of the plan to smuggle Narcotics substance Heroin from Afghanistan to India, through sea route from Bandar Abbas port Iran to Mundra Port, Page 32 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined Gujarat, India, in the guise of consignment of 'Semi Processed Talc Stones. Tr. A. Satyanarayana Prasad in his version has stated that he is acquaintance of A-1 (M. Sudhakar) and he had received Cash Rs.1 lakh (drugs proceeds) from A-1 to clear his financing issues and Smt. Neha Kumari in his version has stated that she had transferred an amount of Rs.3 lacs from her bank account in the account of Sanard Shipping on 14-09-2021, on the instructions of A-9 (Afghan national person) for clearance of 2nd consignment of Aashi Trading Co.
24. The Court has taken into consideration the gross facts of the case and sheer magnitude of the offence and the extensive consequences of the same on the society at large.
25. As discussed above, the appellant has played an important role and but for his role, the export of narcotic substance in bulk quantity was not possible. The Investigation Agency has collected sufficient documentary evidence to indicate the role of the applicant.
26. Therefore, considering the provisions of the UAPA, NIA and the provisions of the NDPS Act, the Court is unable to conclude that the applicant is not guilty of the offence. Though elaborate submissions were made on the ground that invoking of UAPA was unwarranted and only for the purpose of increasing the gravity of Page 33 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023 NEUTRAL CITATION R/CR.A/1585/2022 ORDER DATED: 09/06/2023 undefined the offence, the Court finds that sheer quantity of narcotic substance and the role of WA across the border attaches the seriousness to offence not to discuss the far reaching consequences on the next generations at this stage.
27. The Court is conscious of the fact that both the husband and wife are accused in this offence and are having minor children. The separate application by the wife is dealt with by a separate order.
28. The Court has also perused the judgment and order 16.06.2022 passed by the Special Judge (NIA) in NIA-Criminal Misc.Application No.18 of 2022 and finds that sufficient and cogent reasons are assigned to decline the application.
29. The appeal therefore deserves to be and is hereby dismissed.
(A.Y. KOGJE, J) (M. R. MENGDEY,J) SHITOLE Page 34 of 34 Downloaded on : Sat Sep 16 20:04:27 IST 2023