Legal Analysis in Denial of Bail for NDPS Act Offences

The recent case involving NDPS Act offences sheds light on the importance of legal analysis in the denial of bail. The court’s thorough examination of the evidence and circumstances surrounding the case has led to crucial decisions being made regarding bail for the accused. The implications of these legal analyses could have a significant impact on the outcome of the trial and the overall justice system.

Facts

• Captain of Pakistan Flag ship admitted to dumping bags into the sea including a satellite phone.
• 194 packets totaling 217.856 Kgs of Heroin were seized from the bags.
• Pakistani boat was intercepted by Indian Coast Guard with one Captain and five crew members on board.
• Indian Coast Guard used VHF channels for communication and identification of the petitioner’s boat.
• Pakistani boat was intercepted in Indian territorial waters while trying to escape.
• Neat and clean appearance of the Captain and crew members raised suspicion despite claiming to be fishing for 4-5 days.
• Total seized quantity of Heroin was 236.622 Kgs in 211 packets.
• Case registered under NDPS Act against accused including the petitioner for attempted smuggling of Heroin.
• NIA took over the investigation and filed a charge sheet against arrested Pakistani nationals and the petitioner.
• Pakistani national on Indian fishing boat responded to VHF call with ‘Ramzan-haan bolo’.
• Pakistani national claimed to be on a fishing boat with twelve crewmen, catching only five fish in 4-5 days.
• The regular bail application filed by the petitioner was rejected by the Special Judge, National Investigating Agency, Ahmedabad on 19th March, 2021.
• The petitioner was charged with offences under Sections 28, 29 and 30 of the NDPS Act.
• These offences carry a punishment of imprisonment for a minimum of ten years, extendable up to a maximum of twenty years.

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Arguments

• Petitioner’s appeal for bail was dismissed by the High Court of Gujarat due to a prima facie case against him showing his involvement in the offence.
• Petitioner’s senior counsel argued that the prosecution’s case is based on suspicion, and the petitioner is a victim of unfortunate circumstances.
• Nine Pakistani nationals are absconding and shown as wanted accused in the charge sheet, with their role still under investigation.
• The case relates to organized smuggling of narcotics and funding terrorist activities, a serious offence justifying denial of bail.
• Merely responding ‘Ramzan haan bolo’ to a communication on the VHF Channel should not be grounds to reject bail, especially since the petitioner’s name is Ramjhan Gani Palani.
• Being neat and clean and having sold valuable ‘Ghol fish’ in the past should not be reasons to deny bail.
• Additional Solicitor General opposed the petition, citing the valuable ‘Ghol fish’ found on board and the invoice for the sold fish after release.

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Analysis

• The petitioner’s explanation of responding to a call on the wrong channel does not seem plausible.
• There is sufficient material on record to deny bail to the petitioner based on a prima facie view.
• The catch of five Ghol fish over five days is being highlighted for its high market value.
• The petitioner may have the opportunity to justify his presence at the scene of the crime during the trial.
• Nine Pakistani nationals are absconding according to the chargesheet.
• Investigation in the case is still pending.

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Decision

• The petition for special leave to appeal has been dismissed.
• The petitioner has been chargesheeted for a serious offence with a minimum punishment of ten years.
• The court is not inclined to interfere with the impugned order at present.
• The observations made in the judgment are limited to the petitioner’s request for regular bail and should not be considered as a reflection on the merits of the case, especially since the trial has not yet started.

Case Title: RAMJHAN GANI PALANI Vs. THE NATIONAL INVESTIGATION AGENCY (2022 INSC 482)

Case Number: SLP(Crl) No.-008942 / 2021

Click here to read/download original judgement