Illegal exports of Katamine: HC denies bail to accused

Intelligence Officer Vs Jaffee Sadiq (Bombay High Court)

The Intelligence Officer, Special Investigation and Intelligence Branch (Export) Air Cargo Complex received information on 31^st 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 31^st 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 23^rd 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 15^th 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 16^th 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 30^th October, 2018. He applied for anticipatory bail on 30^th 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 15^th January, 2020. While modifying the conditions, he was directed to surrender his passport. There was no condition to furnish passport in order dated 15^th 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 18^th 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 20^th June, 2022 to 30^th June, 2022. The said application was opposed by the applicant by filing reply. The Special Judge allowed the application by order dated 18^th 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.

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