SUNIL GUDLAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) HEARD Shri Teles, learned Counsel appearing for the Applicant and Shri Vaz, learned Special Public Prosecutor, and Shri J. P. D' Souza, learned Counsel, appearing for the Respondents. Shri J. P. D' Souza, learned Counsel assisted the Prosecution.

(2.) THE application for bail filed by the Applicant on the ground that he was aggrieved by an Order dated 07.04.2012 passed by the learned Special Judge, North Goa, Panaji, in Bail Application no. 68/2012 whereby, the bail application filed by the Applicant came to be rejected. It is the contention of the Applicant that the Applicant has been arrested by the police attached to the Anti Corruption Branch on 06.03.2012 at 10.45 hours in Crime No. RC 3(A)/2011/CBI/ACB/Goa, for offences punishable under Sections 20(b)(ii)(c), 21(b) and 22(c) of the Narcotics Drugs and Psychotropic Substance Act, 1985, (herein after referred to as the 'NDPS Act'). It is further the contention of the Applicant that he was the Investigating Officer and the First Informant in Anti Narcotic Police Station in Crime no. 5/2010, which was registered on 21.02.2010 and in the process of such investigation, the Applicant had arrested one David Driham alias Dudu under Sections 20(b)(ii)(c), 21(b) and 22(c) of the said NDPS Act. It is further the case of the Applicant that information was received by the Applicant on 21.02.2010 that one David @ Dudu being a drug peddler, will be coming near St. Anthony's Chapel, Anjuna, and, consequently, the Applicant secured the presence of two panch witnesses and they were introduced to the raiding party at the Anti Narcotic Cell Police Station and after complying with the formalities, according to the Applicant, the said Dudu was apprehended in a Santro car and a recovery was made of 144 Ecstasy tablets, which were weighed and found to be 55 grams. Out of the 144 tablets, 20 tablets were removed as a sample, 10 of while colour and 10 of sky blue tablets. THEse 20 tablets weighed 7.90 grams. It is further his case that the said tablets were duly sealed in polythene bags. THE remaining 124 tablets weighing 47.10 grams were again put in an auto press polythene bags and sealed. Another bag containing while powder was also recovered from the said Dudu and tested to be cocaine and found to weigh 6.5 grams which was also sealed. It is further the case of the Applicant that another while powder in another polythene bag was recovered from the pant pocket of the said Dudu which was claimed to be Heroin and was confirmed by the Field Testing Kit. THE said white powder was found to be weighing 5 grams. THEreafter, another liquid substance was also recovered and confirmed to be LSD which weighed 7.30 grams. All these substances were duly sealed. It is further his contention that on the searches made to the Santro Vehicle, they recovered charas from polythene bags weighed 1.165 kgs out of which 40 grams was removed and put in polythene bags and the remaining charas was duly sealed. It is further his case that the panchanama was thereafter drawn and duly signed by the panch witnesses. It is further his case that the said Dudu had applied for bail on various occasions before the NDPS Court, at Mapusa though such applications came to be rejected. It is further the case of the Applicant that pursuant to a Public Interest Litigation no. 2 of 2011, this Court handed over the investigation of crime no. 3/2011, no. 16/2010 of Crime Branch and crime no. 5/2010 of ANC Police Station to the CBI. It is to be noted that even crime no. 5/2010 which is subject matter of the present investigation was also referred to the Central Bureau of Investigation in accordance with law. It is further the case of the Applicant that a chargesheet has been filed against the said Dudu before the NDPS Court of Mapusa on 13.12.2010 in said Crime no. 5/2010. It is further his case that after the matter was referred to the CBI, the case was registered as RC No. 3(A)/2011/CBI/ACB/Goa. It is further the contention of the Applicant that the panch witnesses Shri Taslim Arif was called to the CBI Office and during the interrogation, the said witness was abused and made to sit on the floor. It is further his case that another panch witness was called on 18.08.2011 and asked to send his family members for inquiry at the CBI Office. It is further his case that the Applicant was called on 14.08.2011 on his Mobile number at about 12.18 hours and asked to come to the CBI Office for inquiry. It is further his case that thereafter he approached the CBI Office to hand over a letter making some grievances against the Investigation Officer. THE Applicant has thereafter stated that some witnesses were called to the CBI Office and, according to him, they were abused. It is further the contention of the Applicant that even NC complaints were lodged by the persons who were called as witnesses by the CBI for investigation. Ultimately, the Applicant came to be arrested on 06.03.2012 for being charged under the aforesaid provisions of law. It is further the contention of the Applicant that he has been falsely implicated by the Respondents and that he is not involved in any crime as alleged by the Respondents and according to him, he is entitled for bail.

(3.) SHRI J. P. D' Souza, learned Counsel, has also filed his synopsis assisting the prosecution.