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TMI Blog2020 (1) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of the accused and we are giving the facts necessary only for the decision of his case. 2. The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of a ship MV Hennry. Therefore, the Indian Coast Guard took their own ship and intercepted the vessel on 29.07.2017. The intercepted vessel MV Hennry was flying a flag of Panama. The Master of the ship was one Suprit Tiwari, and there were 7 other crew members, all Indian nationals. The Master and the crew members were not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. Abu Dhabi in U.A.E. or for the next port of call, i.e., Bhavnagar in Gujarat. It is alleged that the Maste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter and crew of the ship were detained and the contraband substance was offloaded from the vessel and taken to the premises of the police authorities. Thereafter, the narcotic substance was weighed, samples were taken and further investigation was done. 4. According to Suprit Tiwari he was working for an Iranian National Sayed Ali Moniri (Seyed Mahmoud) and it was Sayed Ali Moniri who purchased the heroin and got the cavities made in the ship. He offered huge amounts to the Master and crew members to illegally transport the heroin. Two crew members who did not accept the offer left the ship. 5. According to Suprit Tiwari, 4 Iranians namely Ebrahim, Mustafa, Mohammad and Rasool accompanied them on the ship and they started for Sharjah an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... connect the appellant with the crime. He has also argued that the appellant is entitled to a default bail since the investigation has not been completed within the period prescribed under Section 167 of the Code of Criminal Procedure, 1973 (for short 'CrPC') read with Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 8. On the other hand, Mr. K.M. Natraj, learned ASG appearing for the respondents submits that keeping in view the bar of Section 37 of the NDPS Act, no bail can be granted to the appellant. As far as default bail is concerned he submits that since the complaint was filed within time, the appellant cannot get benefit of Section 167 CrPC read with Section 36A of the NDPS Act even if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members then decided to make much more money by bringing the ship to India with the intention of disposing of the drugs in India. During this period the Master Suprit Tiwari took the help of Vishal Kumar Yadav and Irfan Sheikh who had to deliver the consignment to Suleman who had to arrange the money after delivery. The main allegation made against the appellant is that he sent the list of the crew members after deleting the names of 4 Iranians and Esthekhar Alam to Vishal Kumar Yadav and Irfan Sheikh through WhatsApp with a view to make their disembarkation process easier. Even if we take the prosecution case at the highest, the appellant was aware that his brother was indulging in some illegal activity because obviously such huge amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is passport, if any with the Court. (b) The appellant shall either stay in Porbandar or Kolkata. He shall not go to any other place. (c) The appellant shall give his cellphone number to the police authorities and shall not change his cellphone number without permission of the trial court. (d) Whether the appellant remains in Porbandar or Kolkata, in Kolkata he shall report to the Entally police station daily at 09:00 A.M. , and in Porbandar he shall report to the Investigating Officer of the NCB at 09:00 A.M. everyday. (e) The appellant shall join the investigation as and when called upon to do so before the authorities of the NCB. (f) The appellant shall not in any manner hamper or try to interfere in the investigation. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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