PRINCE SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two criminal appeals are filed for discharge of the appellants in connection with an offense registered vide NIA Case No.RC-26/2021/ NIA/DLI which was registered for offense punishable under Sec. 120B of the Indian Penal Code and 8(c), 21(c), 23(c) and 29 of the NDPS Act and Ss. 17, 18 and 22C of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UAPA Act" for short).

(2.) It is a case of illicit import of heroin camouflaged as a "Semi Processed Talc Stones" from Afghanistan in a huge quantity to the tune of 2988.21 Kgs. with an international value worth Rs.21,000.00 Crores. The offense came to light when the DRI, Gandhidham acted on a specific intelligence input received on 13/9/2021 and therefore, DRI, Gandhidham constituted a team to carry out the inspection of the consignment specifically imported in two containers, and upon examination of such goods under the panchnama dtd. 14/9/2021, contained in 18 jumbo bags in one container and 20 jumbo bags in another container, particularly preliminary testing of goods were conducted by the experts of FSL, Gandhidham, wherein test report confirms presence of heroin, a narcotic substance. During the investigation being carried out of this huge quantity of heroin, it also came to the light that there was prior shipment of similar consignment which took place in the month of June-2021, where the consignment had originated from Bandar Abbas Port, Iran to Mundra Port in 20 feet container which was also contained huge quantity of narcotic substance, heroin and which had reached open market through the similar route as was undertaken in the seized narcotic substance.

(3.) The appellants of both the appeals have been arraigned as accused Nos. A24 and A25 respectively in the charge-sheet being No.5B/2022.