Case Law Details
Intelligence Officer Vs Jaffee Sadiq (Bombay High Court)
The Intelligence Officer, Special Investigation and Intelligence Branch (Export) Air Cargo Complex received information on 31st October, 2018, that a consignment containing huge quantity of Ketamine would be smuggled to Malaysia through Air Cargo Complex, Mumbai, by concealing the same in the export consignment by declaring the times “Bangles”, on examination of the consignment with shipping bill dated 31st October, 2018, the same contained 38.687 kgs. of Ketamine. In connection with the seizure and further investigation revealed that respondent no.1, Mohammed Saleem, Feroz Khan Buhari, Abdul Raheem Jinnah and Noorudeen were involved in illicit trafficking. Nuruddin and Mohammed Saleem were arrested on 23rd February,2009 under Sections 21, 22, 23, 25, 27A and 29 of NDPS Act. Warrant of arrest was issued against all. Look out circular was issued against Feroz Khan Buhari, Abdul Raheem and respondent no.1. Order under Section 68 of F(2) of NDPS Act was passed against respondent no.1. The respondent no.1 filed anticipatory bail application No.2296 of 2019, before the Court of Sessions, Mumbai. The said application was allowed by order dated 15th January, 2020. The respondent no.1 was directed to attend office of SIIB twice a week till completion of investigation and co-operate with the investigation. Vide order dated 16th September, 2020, the respondent no.1 was directed to surrender his passport with Intelligence Officer. The order granting anticipatory bail to respondent no.1 had been challenged by investigating agency. According to applicants/Special Intelligence Investigation Branch (SIIB) the respondent no.1 is main kingpin and mastermind of chain of events and others are working for him. Prima facie, it appears that he is managing illicit business. It is alleged that, respondent no.1 has played active role in smuggling Ketamine under guise of Bangles, arranged shipment of consignment through PYC Logistics and played active role in attempt to smuggle 38.687 kg. of Ketamine to Malaysia. Statements recorded during investigation refers to involvement of respondent no.1. He was absconding for more than year. Consignment was intercepted on 30th October, 2018. He applied for anticipatory bail on 30th December, 2019. The apprehension of applicant is that after seeking permission to travel to UAE and obtaining passport, the respondent no.1 may flee to foreign country. The learned Special Judge while allowing the application of respondent no.1 has considered the fact that respondent no.1 was enlarged on pre-arrest bail by order dated 15th January, 2020. While modifying the conditions, he was directed to surrender his passport. There was no condition to furnish passport in order dated 15th January, 2020. He has furnished documents about business trip to Dubai. It is pertinent to note that the order granting anticipatory bail is challenged before this Court. The investigation prima facie shows incriminating material against respondent no.1. Investigation is pending against him. Considering the factual aspects of this case, permission sought by respondent no.1 ought not to have been granted. The impugned order is required to be set aside.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
The applicant has challenged the order dated 18th June, 2022, passed by Special Judge, NDPS, Sessions Court, Greater Bombay in Miscellaneous Application No.226 of 2022.
2. The application preferred by the Intelligence Officer, Special Intelligence Investigation Branch Air Cargo Complex, Sahar, Mumbai, investigating office under NDPS Act. Respondent no.1 preferred an application for return of passport to travel abroad during the period from 20th June, 2022 to 30th June, 2022. The said application was opposed by the applicant by filing reply. The Special Judge allowed the application by order dated 18th June, 2022, and, directed that the passport be returned to the respondent no.1. He was permitted to file a travel itinerary, place of stay, accompanying documents pertaining to his visit. He was directed to attend Indian Embassy at Dubai.
3. Learned counsel for the applicant submits that respondent no.1 is kingpin and mastermind of the entire chain of events and all persons are working at his instructions. He manages the illicit business . He played vital role in illegal exports of Katamine and played vital role in smuggling 38.687 kg. of Ketamine to Malaysia. He was absconding for more than one year before approaching the Sessions Court for Anticipatory Bail. The order granting anticipatory bail is under challenge in this Court. The Court of Sessions has failed to take into consideration that respondent no.1 is involved in serious offence. Respondent no.1 has made money beyond his means. The competent authority has passed orders on 24th October, 2019 and 27th December, 2019 under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The statement of Ahmed Mushraf was recorded under Section 67 of the NDPS Act on 20th July, 2019, and, he stated that he had worked actively for M/s.Cube Impex on the instructions of the applicants and others. He also stated that he was assisted in the illegal drug export business of the accused. Ahmed Musharf Alias Abdul Kadir was employee of Jafeer Sadiq and Mohamed Saleem. Statement of Nooruddeen was recorded under Section 67 of the NDPS Act on 20th July, 2019. He stated that he made two foreign trips to Dubai and one to Bangkok for leisure purpose. These trips were sponsored by Jaffar Sadiq and Mohamed Saleem. The overall management and control is with applicant and Mohamed Saleem. The applicant and Abdul Raheem Jinnah produced fake ID proof documents in the name of Abdul Raheem Jinnah and formed M/s.Cube Impex frm for illegal export. The illegal drug business is controlled by applicant in connivance with Mohamed Saleem. Respondent No.1 is a part of criminal conspiracy in the illegal exports of Ketamine. Respondent no.1 was absconding for more than one year. The consignment of Ketamine was intercepted on 30th October, 2018. Respondent no.1 was absconding till 30th December, 2019, until he applied for anticipatory bail. All the co-accused including the brother of respondent no.1 has disclosed the involvement of respondent no.1 as main conspirator in smuggling drugs under the guise of bangles/jaggery by creating firms like M/s.Cube Impex, M/s.Hitech Traders, in the name of his employees. The investigation also discloses that the respondent no.1 has managed fake identity card in their name to evade their identity. There is strong possibility that the purpose of obtaining passport and permission to travel UAE can be misused and respondent no.1 may flee the country and never return back to India.
4. Learned advocate for respondent no.1 submitted that the grounds urged in this application are not supported by any evidence. While granting anticipatory bail, the Sessions Court has not imposed any restrictions on the travel of respondent no.1. Application for anticipatory bail was allowed on 15th January, 2020. Respondent No.1 has attended the investigating officer about thirty six times. He has cooperated with investigation. While allowing application for anticipatory bail, the respondent no.1 was not directed to deposit his passport, while the respondent no.1 applied for modification of order dated 15th January, 2020, by relaxing condition of attendance by keeping in abeyance the condition of reporting for two months respondent no.1 was directed to deposit surrender his passport with the intelligence officer, Special Intelligence Investigation Branch. The respondents are relying upon statement of accused and co–accused recorded under Section 67 of the NDPS Act. There is no recovery of contraband from respondent No.1. The respondent no.1 is required to travel abroad since he has received invitation from Zuko Overseas Foodstuff Trading Company for serious of business meeting at Dubai. The apprehension of the investigating agency that the respondent would abscond is imaginary.
5. The Intelligence Officer, Special Investigation and Intelligence Branch (Export) Air Cargo Complex received information on 31st October, 2018, that a consignment containing huge quantity of Ketamine would be smuggled to Malaysia through Air Cargo Complex, Mumbai, by concealing the same in the export consignment by declaring the times “Bangles”, on examination of the consignment with shipping bill dated 31st October, 2018, the same contained 38.687 kgs. of Ketamine. In connection with the seizure and further investigation revealed that respondent no.1, Mohammed Saleem, Feroz Khan Buhari, Abdul Raheem Jinnah and Noorudeen were involved in illicit trafficking. Nuruddin and Mohammed Saleem were arrested on 23rd February,2009 under Sections 21, 22, 23, 25, 27A and 29 of NDPS Act. Warrant of arrest was issued against all. Look out circular was issued against Feroz Khan Buhari, Abdul Raheem and respondent no.1. Order under Section 68 of F(2) of NDPS Act was passed against respondent no.1. The respondent no.1 filed anticipatory bail application No.2296 of 2019, before the Court of Sessions, Mumbai. The said application was allowed by order dated 15th January, 2020. The respondent no.1 was directed to attend office of SIIB twice a week till completion of investigation and co-operate with the investigation. Vide order dated 16th September, 2020, the respondent no.1 was directed to surrender his passport with Intelligence Officer. The order granting anticipatory bail to respondent no.1 had been challenged by investigating agency. According to applicants/Special Intelligence Investigation Branch (SIIB) the respondent no.1 is main kingpin and mastermind of chain of events and others are working for him. Prima facie, it appears that he is managing illicit business. It is alleged that, respondent no.1 has played active role in smuggling Ketamine under guise of Bangles, arranged shipment of consignment through PYC Logistics and played active role in attempt to smuggle 38.687 kg. of Ketamine to Malaysia. Statements recorded during investigation refers to involvement of respondent no.1. He was absconding for more than year. Consignment was intercepted on 30th October, 2018. He applied for anticipatory bail on 30th December, 2019. The apprehension of applicant is that after seeking permission to travel to UAE and obtaining passport, the respondent no.1 may flee to foreign country. The learned Special Judge while allowing the application of respondent no.1 has considered the fact that respondent no.1 was enlarged on pre-arrest bail by order dated 15th January, 2020. While modifying the conditions, he was directed to surrender his passport. There was no condition to furnish passport in order dated 15th January, 2020. He has furnished documents about business trip to Dubai. It is pertinent to note that the order granting anticipatory bail is challenged before this Court. The investigation prima facie shows incriminating material against respondent no.1. Investigation is pending against him. Considering the factual aspects of this case, permission sought by respondent no.1 ought not to have been granted. The impugned order is required to be set aside.
6. Hence, I pass the following order:
ORDER
(i) Criminal Application No.632 of 2022, is allowed;
(ii) Order dated 18th June, 2022, passed by Special Judge, NDPS, Sessions Court, Greater Bombay in Miscellaneous Application No.226 of 2022, is set aside;
(iii) Learned counsel for the respondent is permitted to fle his Vakalatnama;
(iv) Criminal Application No.632 of 2022, is disposed of.