RIYAL Vs. NARCOTICS CENTRAL BUREAU

JUDGEMENT

(1.) CASE diary is available, arguments heard.

(2.) THIS is second bail application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail. The first application was dismissed as withdrawn in M.Cr.C. No. 8905/2014 dated 08.01.2015.

(3.) ACCORDING to the prosecution story, on 21.05.2009, Shri Sunil Kumar Gupta, Narcotics Control Bureau, Regional Office, Indore received an information from Shri S. Gunabalan, Superintendent, NCB, Chennai that Mohd. Riyal R/o Shrilanka is undergoing sentence in Chennai Jail and he is involved in smuggling of Heroine to Shrilanka with his companions. Mohd. Riyal purchased 2 kg Heroine from Mohd. Umar @ Salim who was undergoing sentence in Chennai Jail, has been released on bail and the said Heroine will be delivered by Mohanlal @ Vikas R/o Pratapgarh on 21.05.2009 to a person named Sarwanan who is staying in Vikram Hotel, Ujjain. Hence on the basis of this information, raid party was arranged. On 21.05.2009 in the presence of independent witnesses, Sarwanan was intercepted in Vikram Hotel, Ujjain. He was having a bag in his hand. He was apprised with the information of the informer and after obtaining his due consent, he was searched and in the bag in his left hand, four packets were found which contained Heroine and on weightment, 2 kg Heroine without the weightment of bags was seized which was sealed as per procedure and samples were prepared and sealed. During investigation, Sarwanand informed in his statement that he was supplying the Heroine for Mohd. Riyal who is in jail at Chennai Jail and he was to receive Rs.30,000/ - in lieu of the supply. He also informed that he was having a mobile phone bearing no.9962817784 which was used for the smuggling and Mohd. Riyal also paid Rs.10,000/ - for expenses, hence he was arrested.