MAMAD IBRAHIM SAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal is filed by the appellant under Sec. 21 of the National Investigating Agency Act, 2008 for the offences punishable under Ss. 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act and under Ss. 17 and 18 of the Unlawful Activities (Prevention) Act for following reliefs:-

(2.) Learned Advocate for the appellant has submitted that the first informant has registered the F.I.R. by C.R.No.RC No.26/2020/ N.I.A./D.L.I. before N.I.A. District: Delhi Police Station N.I.A. Head Quarter New Delhi for offenses punishable under Ss. 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act and Ss. 17 and 18 of Un-lawful Activities (Prevention) Act on 2/7/2020. It is submitted that the above mentioned FIR has registered as Government of India has transferred the investigation of offense registered as C.R.No.01 of 2018 registered before ATS Police Station, Gujarat under Ss. 8(C), 21(C), 24, 25, 27(A) and 29 of the NDPS Act.

(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 NIA filed a supplementary charge-sheet vide No.02/2020 dtd. 7/8/2020 in Special Court Ahmedabad against accused persons Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra, Karim Md. Siraj and Sunil Vithal Barmase-accused Nos.1 to 8. under the provision of Sec. 120B of IPC, Sec. 21 (c) r/w 8(c), 25, 27(A) and 29 of NDPS Act and Sec.17 and 18 of the Unlawful Activities (Prevention) Act. During the course f further investigation, the NIA has also filed charge sheet against (1) Indresh Nishad-accused No.9, Gujarat based accused, who transported 200 kgs of heroin from Gandhidham, Gujarat to Amritsar, Punjab (2) Sukhbir Singh-accused No.10, Punjab based accused who had received 200 kgs heroin, from Indresh Rambachan Nishad-accused No.9 in Punjab and (3) Shahim Kasam Sumra-accused No.11 who was deported from UAE (Gujarat based accused who had received 500 kg drugs from Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra, Karim Md. Siraj and Sunil Vithal Barmase, Indresh Rambachan Nishad, Sukhbir Singh @ Happy, Shahid Kasam Sumra, Basheer Dawood Kungda No.12 and present-appellant accused Nos.1 to 13 at at Mandvi SeaShore Kutch and continuing the investigation under the provisions of Sec. 173(8) of Cr. P.C. and wanted accussed Basheer Daue a Kungda and Mamad Ibrahim sama (present appellant accused had been shown as Wanted accused persons.