VIPIN MITTAL Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) This petition has been filed seeking regular bail in FIR No.RC35/2022/NIA/DLI PS National Investigating Agency, New Delhi. The said FIR was registered under Sec. 8(c), 21 (c), 23 (c), 27 (a), 29 of NDPS Act. Charge-sheet has already been filed vide final report dtd. 16/12/2022 before the Ld. Trial Court. Further, 80 prosecution witnesses have also been arrayed for examination.

(2.) As per the charge-sheet the respondent agency alleges that the petitioner intended to earn huge profits from smuggling heroin concealed in licorice roots (mulethi). Thereafter, the petitioner hatched a conspiracy along with other accused persons namely Nazir Ahmad Qani and Razi Haider Zaidi to import a consignment from Afghanistan in which heroin was concealed. It was further alleged that the petitioner fixed a deal with Zaidi for the import and received an amount of Rs.11.00 lacs in cash as an advance for the consignment. The seizure of the contraband was by customs officials at ICB, Atari, Amritsar on 22/4/2022. The heroin in the consignment recovered was to the tune of 102.136 and 0.648 kgs. Since the said consignment was imported by M/s. Shree Balaji Trading Company, of which the petitioner was the proprietor, a search was conducted and the petitioner was arrested.

(3.) Ld. Sr. Counsel for the petitioner has contended that the petitioner has been falsely implicated, inter alia considering the following aspects: