AFSAR HUSSAIN Vs. STATE

JUDGEMENT

(1.) By way of this application Afsar Husain petitioner has prayed for being released on bail in case R.C. No. 6 of 1989 SIU XVI dated 23rd November, 1989 recorded by the C.BI. and also to consider the contempt application moved by him.

(2.) Learned counsel for the petitioner has submitted that there has been a highhandedness on the part of Investigating Officer who has, in fact, falsely implicated the petitioner in this case and there was a demand of illegal gratification which could not be fulfilled by him and on this account the Investigating Officer managed to avoid compliance of the orders passed by Additional Sessions Judge and violating the clear directions had even taken the petitioner to Bombay there by committed contempt of Court. He has also submitted that there was, in fact, even a threat to the counsel for the petitioner not to appear for the petitioner in the proceedings.

(3.) Before considering these submissions it would, in my view be appropriate to give some facts of the case. On 23rd November, 1989 the aforesaid FIR was recorded by the CBI on the basis of source information against four known persons including the petitioner and other unknown persons. It was in respect of an incident which took place during the night between 22nd and 23rd of January 1989 onwards and the place of occurrence had been stated to be at Bombay and Jeddah (Saudi Arabia). It was, inter alia, mentioned in this FIR that information was received through a reliable source that aforesaid persons in conspiracy with others were indulging in exportation of narcotics to Saudi Arabia and were travelling on the basis of fictitious passports and travel documents showing themselves as Haj Pilgrims and that they travelled as such from Bombay to Jeddah (Saudi Arabia) by Haj ship leaving Bombay harbour during the night between 22nd and 23rd June, 1989. I here was specific information that their luggage contained narcotic drugs and psychotropic substancts.