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Criminal · Reportable judgment

Ramjhan Gani Palani vs National Investigating Agency and Anr.

Court
Supreme Court of India
Date
27 April 2022
Case No.
Petition for Special Leave to Appeal (Criminal) No. 8942 of 2021
Result
Dismissed
Bench
N.V. Ramana, Krishna Murari, Hima Kohli
Citation
[2022] 4 S.C.R. 1050 : 2022 INSC 482
Supreme Court Reports [2022] 4 S.C.R. 1050 : 2022 INSC 482
Headnote

Bail: Regular bail – Denial of – Matter pertaining to seizure of huge quantity of Narcotics drug, Heroin near Port in Gujarat in a joint operation by the Indian Coast Guard and Directorate of Revenue Intelligence-DRI – Prosecution case that on receiving intelligence input, the DRI intercepted a Pakistani boat in the Indian territorial waters which was trying to escape – Seizure of bags containing narcotic substance, and the Captain of the boat admitted dumping some bags into the sea along with a satellite phone – Investigation revealed that narcotics were being clandestinely brought into Gujarat from Pakistan through the sea route – Detention of petitioner on a reasonable belief that he was the Indian recipient for the drug consignment brought into the Indian territory by the Pakistani Flag Ship – Bail application by petitioner – Denial of regular bail by the courts below – On appeal, held: There is sufficient material on record to deny the discretionary relief of bail to petitioner – Petitioner has been chargesheeted for a serious offence where the minimum punishment prescribed is of ten years – Thus, the impugned order not interfered with – Narcotic Drugs and Psychotropic Substances Act, 1985 – ss. 2, 8, 16, 17, 18, 23, 24, 29 and 32 (B) (e) – Penal Code, 1860 – ss. 120-B, 121-A & 122 – Unlawful Activities (Prevention) Act,1967 – ss.17, 18, 18-B, 20.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by HIMA KOHLI, J. 1. The petitioner has filed the present petition seeking special leave to appeal against the order dated 19th August, 2021, passed by the Gujarat High Court, dismissing the appeal preferred by him against the order dated 19 th March, 2021, passed by the Special Judge, National Investigating Agency, Ahmedabad, whereby his bail application was rejected in a case registered originally by the Directorate of Revenue Intelligence1 and subsequently taken over by the National Investigating Agency for offences under Sections 120-B, 121-A & 122 of th
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