INAYATKHAN Vs. STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) THIS is an application for regular bail filed by an accused, who has been arrested in connection with a complaint lodged by the Intelligence Officer of the Narcotics Control Bureau, Ahmedabad, bearing F. No. NCB/AZU/Cr -03/2003, under Sections 8(c), 20(b)(ii)(c), read with Sections 29, 27(A) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Narcotics Act"). The same has culminated in the NDPS Sessions Case No. 1/04, pending as on today in the Court of the learned Third Additional Sessions Judge, Nadiad.

(2.) THE case of the Department may be summarized as under: - -

(3.) THIS application has been vehemently opposed by Mr. K.T. Dave, the learned counsel appearing for the Department. Mr. Dave submitted that this application for bail should be rejected solely on the ground that the applicant -accused was absconding for a period of eleven years. Mr. Dave submitted that there is no need to go into any other issues like the evidentiary value of the statements under Section 67 of the NDPS Act. Mr. Dave pointed out that the applicant, in his own statement recorded under Section 67 of the NDPS Act, has confessed that he was absconding and he knew everything about the arrest of the other co -accused and their conviction. Mr. Dave submitted that the argument canvassed on behalf of the applicant that his statement recorded under Section 67 of the NDPS Act is exculpatory is not correct. According to Mr. Dave, there are many admissions made by the applicant in his statement under Section 67 of the Act, which goes to show that on his instructions, the packet of charas was delivered to the co -accused namely Ganibhai and he had also asked his own brother, who is also one of the co -accused and a convict, to assist Anwar @ Raju for delivering the packet. Mr. Dave submitted that in his statement under Section 67, he has also admitted about making of a cavity in his own vehicle registered in his name, in which he used to clandestinely store drugs and liquor.