RAZAK ADAM SUMRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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. 21(C) read with Ss. 8(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 has submitted that the appellant is in judicial custody from 10/2/2020 pursuant to the FIR RC-26/2020/NIA/DLI (Arising out of I CR 1 of 2018 of ATS PS, Gujarat) for the alleged offences u/s. 120(B) of IPC, u/s. 21 (C) r.w. 8 (C), 25, 27(A) and 29 of the NDPS Act and w/s. 17 and 18 of UA (P) Acs. Thereafter chargesheet came to be filed on 7/8/2020.

(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 offenses initially pertains to criminal conspiracy by arrested Aziz Abdul Bhagad, Rafik Adam Sumra, Nazir Ahmed, Arshad Sota, Manzoor Ahmed accused, Razak Adam Sumra(appellant-accused), Karim Md. Siraj and Sunil Vithal Barmase-accused Nos.1 to 8 and wanted accused Nos.WA-1 to WA-5 of smuggling and distribution of 500 kg of illegal narcotic drugs (heroin) from Pakistan to Gujarat, India by sea route. The 500 Kg of narcotic drugs (heroin) were prqught into Gujarat, India by Aziz Bhagad-accused No.1 and Mamad Ibrahim Sama-accused No.13 on the directions of Basheer Dawood Kungda- accused No.12. The illegal narcotic drug (heroin) was brought by Pakistani najionals in a Pakistani fishing vessel and was delivered in the Indian tetra waters approximately 7-8 miles from Jakhau Port, Kutch, - Gujarat, into an Indian vessel named "Nagani Mustafa" of Aziz Abdul Bhagad-accused No.1 and "Al-Madina" of Mamad Ibrahim Sama-accused No.13. The drug was delivered to Indian vessels twice during the period from 9/3/2018 to 31/5/2018. As per the conspiracy and directions of Shahid Kasam Suma-accused No.11, the appellant-accused dug out remaining 500 kg of narcotic drugs (heroin) and kept it int 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 Karim Md. Siraj-accused No.7. Then, Karim Md. Siraj- accused No.7 and Sunil Vithal Barmase-accused No.8 shifted the drugs to a Skoda car and took 200 Kg narcotics drugs (heroin to Gandhidham, which was then loaded and concealed between the wooden panels in the truck No.GJ-12-BW-2323 of accused Indresh Rambachan Nishad -accused No.9 for further delivery to Amritsar, Punjab. The vehicle registration number GJ 12 BR 4334 Swift Bebire used by the present appellant-accused No.6 for the delivery of 200 kgs Heroin has been recovered and the said vehicle was registered in the name of witness Shri Juneja Akil and it has been established from his statement that he has sold his vehicle to the present appellant and he was using the same vehicle.