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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 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 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 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 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.

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 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 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.