SABIR HANIF KHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR bearing CR No.III-01/2021 registered with ATS for offences punishable under Ss. 8(c), 22(c) and 29 of the NDPS Act.

(2.) Mr. Timbalia, learned advocate for Ms. Hemali Pandya, learned advocate for the applicant submits that the accused no.1- Mohammad Sultan Shaikh was detained by the Police Inspector, ATS, Ahmedabad on 19/1/2021 from whose possession, contraband article Methamphetamine of 991 gms. was found and according to the secret information, he was to travel from Mumbai to Ahmedabad, near Mataji's temple at Sarthi Apartment. On detaining and after inquiry, he had informed the ATS police that Khadim of Ajmer Dargah Wasim whose mobile number is 9167705742 had sent Methamphetamine through his man at about 9.30 p.m. to deliver the same to the accused-Mohammad Sultan, near Shalimar Hotel, Mumbai. As per the information given to the police, the said person had given Methamphetamine bag and Rs.2,000.00 to the accused-Mohammad Sultan and as per the instructions given by Wasim, he was to deliver the contraband to a person in red t-shirt at Shahibaug area, near temple opposite to Musa Suhag cemetery and on delivery, the recipient was to give him Rs.10,000.00. Mr. Timbalia submits that the accused no.1 had named Wasim of Ajmer Dargah and had also given a specific mobile number, but to shield and protect the main person, ATS had arrested the present applicant without any evidence to relate him with the contraband article. Mr. Timbalia submits that on inquiry, mobile number was found of one Samir Shaikh who is taxi driver of Mumbai and according to him, he occasionally used to drive the car of the present applicant. According to Mr. Timbalia, a false story has been created through Samir Shaikh of the said mobile number of Khadim Wasim as it belongs to him. There is nothing on record to suggest that the said mobile number is in the name of Samir Shaikh. Mr. Timbalia submits that the statement of Samir Shaikh dtd. 23/1/2021 itself creates doubt when he suggested that he had inquired from the parents of Sultan Shaikh on 19/1/2021 and though the parents had informed him of his arrest by the ATS, his statement is recorded as if he had called at 1.30 at night to ATS, Ahmedabad to inquire about Sultan. Mr. Timbalia submits that the person named Farhan who had informed Samir Shaikh about asking him to inquire about Sultan from his house is nowhere on record. No statement of Farhan Gulzarkhan is recorded and as per the record, Farhan Gulzarkhan is nowhere found. Mr. Timbalia submits that arrest is made of the present applicant since he was arrested in offence registered at Bandra Narcotics Cell and was released on bail. As per the statement Farhan Gulzarkhan, he was also arrested in connection with the offence registered at Meghvadi Police Station under some offence of cheating and was on bail. Inspite of this fact, Mr. Timbalia submits that no statement of Farhan Gulzarkhan is recorded.

(3.) Mr. Pranav Trivedi, learned APP submits that there are about 12 telephonic conversations between both the accused from 13/11/2020 to 9/1/2021 and 96 phone calls from 1/6/2020 to 19/1/2021 and about 658 phone calls between 6/9/2020 and 19/1/2021. Learned APP submits that CDR details itself suggest the relation of both the accused earlier and even during the time he was arrested. The police has also taken details from Manish Travels about the reservation of the tickets by the accused-Mohammad Sultan regarding his travel from Mumbai to Ahmedabad and thus, submits that accused no.1 had given wrong details about Wasim of Ajmer Dargah while actually, the contraband was delivered by the present applicant.