AZAZ KHAN Vs. N.I.A.

JUDGEMENT

(1.) Accused appellant - Azaz Khan has preferred D.B. Criminal Appeal No.132/2021 aggrieved by the order dtd. 23/4/2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur; accused appellant - Rashid Qureshi has preferred D.B. Criminal Appeal No.22/2021 aggrieved by the order dtd. 12/1/2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur; accused appellant - Amzad Ali has preferred D.B. Criminal Appeal No.77/2021 aggrieved by the order dtd. 23/4/2021 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur and accused appellants - Ramchandra and Mukesh has preferred D.B. Criminal Appeal No.105/2021 aggrieved by the order dtd. 20/11/2020 passed by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur whereby bail applications preferred by the accused appellants were rejected by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur.

(2.) Succinctly stated the facts of the case are that on 3/7/2020 Custom Officers seized about 18 kg gold bars from the possession of ten persons, namely, Ramchandra, Mohd. Aarif, Sunil Verma, Mohd. Maqbool, Subhash, Mohd. Aalam, Rashid Qureshi, Mukesh, Surendra Kumar and Hetram at Jaipur Airport and case was registered against the above named persons for offence under Sec. 135 of the Customs Act. On akin facts, an FIR No.RC- 36/2020/NIA/DLI was registered for offence under Sec. 16 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "the UA(P)A") and Sec. 120B of the Indian Penal Code (hereinafter referred to as "the IPC") by the National Investigating Agency, New Delhi (hereinafter referred to as "the N.I.A."). All the accused appellants moved bail application under Sec. 439 Cr.P.C., which were rejected by the Special Judge (N.I.A. Cases), Rajasthan, Jaipur, aggrieved by which, present appeals have been preferred before this Court.

(3.) As all the appeals are arising out of FIR No. RC- 36/2020/NIA/DLI dtd. 22/9/2020, the same are being decided together by this common order.