AHJAZAHMED BASHIR AHMED SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this successive bail application under Sec. 439 of the Code of Criminal Procedure, the accused - Ahjazahmed Bashir Ahmed Shaikh, seeks regular bail in connection with Narcotic Control Bureau, Ahmedabad, Zonal Unit being NCB File No. NCB/AZU/CR-06/2021 under Sec. 8(c), 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 198.

(2.) Brief facts leading to file present application are that, on 28/5/2021, the Intelligent Officer, NCB Ahmedabad, Zonal Unit, received a specific information that, "two persons Sanjay Jadhav @ Sanju son of Bhikan Jadhav and Poonam @ Pintu are transporting approximately 200 Kgs of Ganja by concealing it inside Eicher Truck bearing Registration No. GJ-07-YZ-7657, and are coming from Jalgaon, passing through CTM Toll Plaza, Ahmedabad". The raid was conducted. On the place referred in the information, the truck was stopped by the Officer and on further inquiry, it was revealed that the persons are transporting the contraband substance and in the presence of the panchas, at the instance of accused Sanjay Jadhav, the contraband was concealed below the plastic karats in the vehicle and it was disclosed by accused Sanjay that, the contraband was to be delivered to present applicant - Shaikh Ahjazahmed Bashir Ahmed and he will be coming to take the truck at his place. At the place, at around 2.40 hrs the applicant - accused along with his associates Saddaf Memon, came at the place to take said truck containing the contraband substance. In the presence of applicant and his associates and driver Sanjay Jadhav and Poonam @ Pinutu, the truck was intercepted and during the search, 7 plastic gunny bags found from the truck and upon preliminary analysis it was containing narcotic substance Ganja and after following the procedure, the substance 197.740 Kgs. was seized and recovered. The summons under Sec. 67 of the Act were served to the applicant and co-accused and during the investigation, it was found that, the contraband was supplied by one Mr. Patil and it was to be delivered to present applicant for which, the driver Sanjay and Poonam @ Pintu had been assigned the task to deliver it to the present applicant. The cell phones of the accused were seized and transcript thereof and CDR have been obtained by the Investigating Officer. Upon analysis of the CDRs and transcript of the call conversation, it revealed that the applicant, co-accused and D.B. Patil, were in contact with each other to execute the conspiracy.

(3.) In the aforesaid facts, the applicant herein was apprehended on 31/5/2021 in the alleged offence. Private complaint under Sec. 36A of the Act is being filed before the Special Court (NDPS), Ahmedabad for the aforesaid offences and same is registered as NDPS Special Case No. 47 of 2021.