MANTEJ SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent-State. Learned advocate Mr. Kshitij Amin waives service of rule on behalf of respondent-NIA. The appeal is filed by the appellant under Sec. 21 of the National Investigation Act for the offences punishable under Ss. 120B of IPC, under Ss. 8(C), 21(C), 25, 27(A) and 29 of the NDPS Act and under Ss. 17 and 18 of the Unlawful Activities (Prevention) Act by the appellant for following reliefs:-The appeal is filed by the appellant for following relief:-

(2.) Learned advocate for the appellant submits that the appellant was not named in the FIR registered with the ATS Gujarat nor he is named in the chargesheet of the said case. It is submitted that the allegations in the said FIR was pertaining to the smuggling and distribution of 500 Kg of illegal Narcotic drugs (Heroin) from Pakistan to Gujarat, India by sea route. It is submitted that the appellant has not played any role in bringing the contraband to Gujarat from Pakistan. The appellant was no where in the picture till the filing of the charge-sheet in connection with the FIR registered with the ATS in Gujarat. It is submitted that the present appellant is not named in the FIR registered on 23/1/2019 by ATS/ Ahmedabad nor he is named in the chargesheet i.e. filed on 7/8/2020 in NIA Special Court at Ahmedabad as the said chargesheet was filed against the accused Nos.1 to 8 only.

(3.) As against this, Mr. Devang Vyas, learned Additional Solicitor General of India with Mr.Kshitij Amin, learned Standing Counsel for respondent No.2-NIA submitted that after the investigation, NIA filed a supplementary charge-sheet vide No.02/2020 dtd. 7/8/2020 in Special Court Ahmedabad against Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed, Razak Adam Sumra, Karim Md. Siraj and Sunil Vithal Barmase-accused Nos.1 to 8. It revealed during the investigation, it is revealed that apart from 300 kg narcotic drugs (Heroin) out of the 500 kg was delivered by Pakistani vessel to the Indian vessel of Aziz Abdul Bhagad-accused No.1, Karim Md. Siraj, accused No.7 and Sunil Vithal Barmase-accused No.8 in Indian territorial water which was further transported to Amritsar, Punjab. 200 kg of narcotic drugs heroin was buried and concealed by Rafik Adam Sumra-accused No.2 and Shahid Kasam Sumra-accused No.11 in the farm of Rafik Adam Sumra-accused No.2 and Razak Adam Sumra-accused No.6 in Village Bag. This remaining consignment was also to be delivered to Amritsar, Punjab as per the conspiracy plan. It is further revealed that for further delivery of the balance of 200 kg narcotic drugs (heroin), Shahid Kasam Sumra (A-11) contacted Razak Adam Sumra (A-6) who is the brother of Rafik Adam Sumra (A-2) and accused Karim Md. Siraj (A-7) and convinced them to participate in the conspiracy for the delivery of the remaining 200 kg. Narcotic drugs (heroin) from Gujarat to Amritsar, Punjab to which Razak Adam Sumra (A-6) and appellant accused Karim Md. Siraj (A-7) agreed in lieu of monetary consideration.