A J SHAIKH Vs. ILYAS MOHAMED

JUDGEMENT

(1.) THIS Revision Application is filed by the Intelligence Officer, Narcotic Control Bureau, Shri A.J. Shaikh for setting aside the order of bail passed in favour of Respondent No.1 by the learned Special Judge, N.D.P.S. in Bail application No. 320 of 1997 on 27.1.1998. The N.C.B. received an intelligence that Anti-Drug and Smuggling Unit, Port Luise, Mauritius, has seized a consignment sent in the name of one Mohmood Yusuf Soopun by one Shaikh Sahil Shaikh Ibrahim, an Indian National ostensibly containing ladies purses which were found to be containing heroin concealed between inner fabrics and hard cover of the purses. Mauritius Police forwarded certified copies of statement of Mohamood Yusuf Soopun and photographs of the seized heroin and Sahil Shaikh as well as original bill of landing, bill entry, invoices etc. and the test report of the Forensic Science Laboratory.

(2.) ON the basis of this information sent by the Mauritius police, further information was collected by the Narcotic Cell, Mumbai and Sahil Shaikh was served with summons to remain present in the office of the N.C.B. on 15.11.1997. His statement was recorded under section 67 of the N.D.P.S. Act on different dates. His statement revealed that one Jamil, and Iliyas Mohomed Respondent No.1, were also involved in the conspiracy and packing of the heroin. Mohomed Yusuf Soopun is a national of Mauritius and he was arrested at Mauritius in connection with the said consignment. His state-ment revealed that the consignment pertains to Sahil. One Taufik H. Kudia was also summoned by the N.C.B. and his statement was recorded under section 67. The Sales Manager of Plastic Cottage Manuaf Yunus Kudia was also examined and his statement was recorded. Jamil Khan has not so far been arrested inspite of efforts made in that respect and he is reported to be absconding.

(3.) DURING the investigation the statement of the present Respondent/Org. Accused No.2 was also recorded on different dates and in his statement he has made certain revelations. His statement under section 67 of the N.D.P.S. Act was in the nature of a confessional statement and therefore, Respondent No.1 was arrested on 18.11.1997. The complaint was filed on 13.2.1998 and Respondent No.1 preferred a bail application to the NDPS Special Judge. The said application was opposed on behalf of the N.C.B. However, on 27.1.1998, the learned Special Judge passed the impugned order releasing Respondent No.1 on bail on executing P.R. Bond of Rs.1 lakh with one or two sureties in like amount with a direction to attend the office of the N.C.B. on every Monday and Thursday between 5 and 7 p.m. and not to leave the jurisdiction of Mumbai without permission of the Investigation Officer.