SUSHANTA SARKAR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present appeal is filed under Sec. 21 of the National Investigation Agency Act, 2008 seeking bail and challenging the order of the Special Judge (NIA) in NIA-Criminal Misc.Application No.46 of 2023 dtd. 3/11/2023. The reliefs prayed for are as under:-

(2.) It is a case where, the appellant-accused is in judicial custody connection with an offence registered vide RC No.26/2021/ NIA/DLI with the National investigation Agency, for alleged commission of offences punishable under Sec. 120B of the IPC, Secs.8(c), 21(c), 23(c) and 29 of the NDPS Act, 1985 and Secs.17 , 18 and 22(c) of the Unlawful Activities (Prevention) Act, 1967, having culminated into Special NIA Case No.01/2023 pending before the Special Court.

(3.) Learned advocate for the appellant submitted that the search of the shipment was brought to the appellant's knowledge on 14/9/2021, the appellant was arrested on 27/9/2022. If the appellant had any malafide intentions or any knowledge about the contraband in the consignment he would have tried to flee away. This shows that the appellant was genuinely under the impression that the talcum stones/powder is being imported through the consignment and was not in any way aware of the fact he was importing the contraband Heroine inside the country.