KARIM MOHAMMED SIRAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal is filed by the appellant under Sec. 21 of the National Investigation Agency Act, 2008 for offences punishable under Ss. 120(B) of IPC read with Ss. 21(C), 8(C), 25, 27(A) and 29 of the NDPS Act and under Ss. 17 and 18 of the Unlawful Activities (Prevention) Act for following relief:-

(2.) Learned Advocate for the appellant has submitted that on 13/8/2018, FIR has been registered by Shri R.I.Jadeja, Police Insepctor, ATS Ahmedabad which came to be registered with ATS Police Station, Ahmedabad as C.R.No.III No.1 of 2018 for the offense punishable under Secs. 8(c) and 21(c) of the NDPS Act. The offense pertains to the criminal conspiracy by the arrested accused Nos.1 to 8 and wanted accused Nos.1 to 5 of smuggling and distribution of 500 kg. of illegal Narcotic Drugs (Heroin) from Pakistan to Gujarat (India) by sea route. It is submitted that the name of the present appellant had not been disclosed in the main charge-sheet and subsequently, the investigation was took over by the NIA and thereafter, the said agency submitted charge-sheet in which the present appellant shown as accused No.7.

(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 the NIA has strongly objected the application and mainly submitted that the appellant accused No.7 has played vital role in the commission of the offense and there exists strong case against the present appellant. Investigation also revealed that the present appellant Karim Md. Siraj (A-7) accepted the offer of Shahid Kasam Sumra (A-11) and he persuaded his friend Sunil Vithal Barmase (A-8) for further conspircy and commission of the crime. Subsequently, the present appellant Karim Md. Sira A-7 and Accused No.8 contacted driver Indresh RambachanNishad (A-9) for onward delivery of 200 kgs narcotic drugs (heroin) to Amritsar, Punjab by offering Rs.2.00 lakh to driver Indresh Nighad (A-9) to which driver Indresh accepted the offer. It also appears from the record that as per the conspiracy and directions of Shahid Kasam Sumra (A-11), the appellant-accused dug out remaining 200 kg narcotic drugs (heroin) and kept it in his Swift Desire car, bearing registration No.GJ-12-BR-4334 and delivered it to one white coloured. car near a Petrol Pump on Talwada Road, which belonged to accused Karim Md. Siraj (A-7)/appellant-accused. Then the present appellant- accused Karim Md. Siraj (A-7) and Sunil Vithal Barmase (A-8) shifted the drugs to a Skoda car and toak the 200 kgs narcotic drugs (heroin to Gandhfdham, which was then loaded and concealed between the wooden panels in the truck No.GJ-12-BW- 2323 of accused Indresh Nishad (A-9) for further delivery to Amritsar, Punjab. Investigation further revealed that Indresh Rambachan Nishad A-9, had taken the order from M.K.Transport, Gandhidham, Gujarat for delivery/transportation of wooden panels from Gandhidham, Gujarat to Jammu in his struck bearing registration No.Gu 12 BW. 2323 and Amritar, Punjab, where the consignment to be delivered, comes in the way of Gandhidham to Jammu, therefore, Indresh Rambachan Nishad A-9 decided and gave nod to the present appellant Accused No.7 and Sunil Vithal Barmase-accused No.8 for delivering of the consignment to Amritsar, Punjab. The truck bearing registration No.GJ-12-BW-2323 belonging to the Indresh Rambachan Nishad (A9) was Seized and the appellant accused Karim Md. Siraj (A-7) along with. 11 other 7 accused persons were arrested in the said case by STF/Amritsar.