SURENDRA KATHADBHAI JEBALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Criminal Appeals arise out of a common judgment and order rendered by learned Additional City Sessions Judge, Court No.10, Ahmedabad, in Sessions Cases No.236 of 1994, 72 of 1995, 297 of 1995 and 160 of 1996 on May 14, 1998, recording conviction under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short). As the Sessions Cases arose out of the same incident and transaction, they were tried together. Likewise, as these appeals arise out of the same judgment and order, they are tagged and heard together and are disposed of by this common judgment.

(2.) The appellant in Criminal Appeal No.664 of 1998 is represented by learned Advocate, Mr. Y.F. Mehta; the appellants in Criminal Appeal No.692 of 1998 are represented by learned Advocate, Mr. H.N. Jhala; the appellants in Criminal Appeal No.634 of 1998 are represented by learned Advocate, Mr. B.B. Naik; the appellant in Criminal Appeal No.624 of 1998 is represented by learned Advocate, Mr. M.B. Ahuja; and the appellant in Criminal Appeal No.610 of 1998 is represented by learned Advocate, Mr. S.V. Raju. 2.1 Directorate of Revenue Intelligence is represented by learned Additional Central Government Standing Counsel, Mr. Asim Pandya, whereas the State of Gujarat is represented by learned Additional Public Prosecutor, Mr. S.S. Patel.

(3.) On basis of intelligence collected and developed by the officers of the Directorate of Revenue Intelligence, Ahmedabad ("D.R.I." for short), a watch was organized in Junagadh district and on interception of trucks bearing No.GJ-3-U-4022 and GJ-10-T-8517 in the early morning hours of 11.5.1994, a large quantity of methaqualone tablets (5225.300 kg. approximately), commonly known as "mandrax", was seized, which has, ultimately, led to prosecution and conviction. 3.1 As per the prosecution case, an Intelligence was received on 8.5.1994 by the officers of Ahmedabad office of D.R.I. to the effect that one Haji Ismail Shumbhania of Salaya, then residing at Dubai, was attempting to export about one and a half truck load of mandrax tablets. The consignment of mandrax tablets was, at that time, stored at some Wadi situate somewhere near Junagadh. The safety, storage and transport of the consignment was managed by Chhagan Haribhai Kuchhadia alias Chhagan Langdo, a known smuggler of Probandar, Chandrakant Ishwarlal Acharya, another known smuggler of Ahmedabad, Batuk Bapu, a well-known figure in Junagadh transport circle and his brother-Surendra Bapu of Junagadh. The Intelligence further revealed that the consignment was to be transported from Junagadh area to Mangalore on the 9th or 10th May, 1994 in two trucks bearing registration No.GJ-3-U-4022 and GJ-1-T-8517. The said trucks were to be provided by Ali Suleman Khafi and Haji Suleman Khafi of Jamnagar. The trucks were to be manned by Jusab Razak Ali Sidi alias Dado and Dinesh Alabhai Dhruv alias Diniyo, the two trusted men of Ali Suleman Khafi. The cargo was likely to be covered with consignment of garlic to be purchased from the local market. The said information received by the officers of D.R.I., Ahmedabad, was reduced into writing and was forwarded to the Assistant Director, D.R.I., Zonal Unit, Ahmedabad. Following this intelligence, action was initiated by the D.R.I. officers directing officers from Ahmedabad and Jamnagar to reach Junagadh and follow further directions. Accordingly, officers organized a watch as per directions given from time to time. Considering the intelligence, a watch was also kept at the Bridge on Narmada river, near Jhadheshwar/Bharuch to ensure that the consignment does not escape as the location in Junagadh district was not exactly known and the route was also not known. One of the trucks was identified and after some time, the second truck was also identified near Junagadh and, ultimately, both the trucks came to be intercepted on 11.5.1994 in early morning hours around 6.30., near Navagadh Bridge. Accused Nos.3, 4, 5 and 6 were found in the truck. The trucks were apparently carrying wheat, which was covered with a tarpaulin. On inquiries being made by the officers of D.R.I., they were informed that the trucks carried consignment of wheat and, for that purpose, requisite documents were also shown. However, because of the intelligence, the officers insisted for inspection and, on inspection, it was found that 22 drums/barrels in each of the trucks were concealed beneath the bags containing wheat. The barrels were heavy and were meant for transhipment of oil with a capacity of 200 litres each. Accused Nos.3, 4, 5 and 6 could not furnish any documents relating to the barrels nor could they tender any explanation therefor. On being interrogated, it was revealed that the drums were being transported without any document and accused No.3 disclosed before the officers of D.R.I. that they were asked to go to Junagadh to load the barrels and Batuksinh of Shyam Transport of Junagadh, would arrange for the papers. They were asked to load the barrels and then cover them up with wheat bags as there would be no documents for the barrels. They were also asked to get in touch with one Hajibhai of Bombay at a particular telephone number after reaching Mangalore, who would then give them direction as to what is to be done with the barrels. Having regard to the statements and having found the barrels to be very heavy and carrying suspicious material, the officers of D.R.I. decided to take the trucks to Jamnagar office of D.R.I., as inspection of the barrels was not possible on the road for want of implements, etc. The entire transaction was recorded in a Panchnama drawn in presence of Panch witnesses-Jagdish Govindbhai Gondalia and Bharat Babulal Mer, both of Jetpur, district Rajkot and the trucks were, accordingly, taken to the D.R.I. office at Jamnagar. On reaching the D.R.I. office, at Jamnagar, around 11.00 A.M. on 11.5.1994, the mouth of the barrels were opened to find black coloured oil like substance. A rod was inserted into the mouth, but it was found that the rod could not move diagonally due to a partition like obstruction. Therefore, the top lid of the barrel was cut open and it was found that the drums were specially designed and fabricated with a barrel like compartment just under the mouth of the barrel and the rest of the barrel formed another compartment, which contained mandrax tablets packed in polyethylene bags in a large quantity. The plastic bags containing the mandrax tablets were put in that compartment with white powder as packing and to prevent movement of the packets. A primary test was conducted to find that the tablets were methaqualone tablets (mandrax). Each of the 44 barrels was thus opened and all of them were found to carry mandrax tablets. Samples were taken out and sealed in different packets, in a way that they maintain their individual indentity with respective barrels. Samples were sealed. The remainder of the contraband was also properly sealed and weighed. It is recorded in the Panchnama that the sealing was done in a manner which would leave no scope for any tampering without damaging the wax seal. The weight of the mandrax tablets seized from one truck was 2597.300 kgs. and from the other, it was 2628.000 kgs. Thus, total weight was 5225.300 kgs. The Panchnama containing all details was then concluded. The seized samples of mandrax tablets were sent to the Forensic Science Laboratory (FSL) and the FSL, after analysis, gave a clear opinion that the tablets were methaqualone tablets (mandrax), a psychotropic substance. The officers of D.R.I., while inquiring into the matter, recorded statements of accused Nos.3, 4, 5 and 6 and, thereafter, all the other accused persons under Section 67 of the NDPS Act. It was revealed that the barrels containing tablets were brought from some place near Bulsar Industrial Estate and were to be exported by sea route from some place near Jafrabad in Saurashtra area. However, by the time the tablets were brought to Jafrabad, the situation changed and it was found not possible to export the tablets through that channel. It was then decided to transport the contraband consignment to Mangalore by road and to export therefrom. During this period, the barrels were preserved for some days in the Wadi of one Faridbawa, near Dholka and then in the Wadi of Virawala Bhimawala, near Junagadh. It was during the course of transport to Mangalore that the trucks were intercepted and contraband seized. It was found that the transaction was the outcome of a conspiracy hatched by the accused persons and others at Ahmedabad. The D.R.I., therefore, lodged complaint/complaints against the accused persons and, ultimately, they came to be tried by the learned Additional City Sessions Judge, Court No. 10, Ahmedabad, for offences punishable under Sections 21, 22 and 23 read with Section 29 of the NDPS Act and Section 120-B of the Indian Penal Code.