DEEPAK GUPTA,J. - (1.) This bail application has been filed by one 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 Master Suprit Tiwari when questioned admitted that they were carrying contraband substance in the nature of narcotics in the ship. He identified the locations and approximately 1445 kg of narcotics substance in 1526 packets was recovered. This was hidden in two cavities modified in the two tanks on both sides at stern of the vessel and also in the bollards and railings on both sides of the weather deck. These cavities and railings had been fabricated for concealing narcotics which were stored in water proof packets.
(3.) Information in this regard was given to the Narcotics Control Bureau, Ahmedabad (for short 'NCB'). The NCB carried out investigation and after completing some investigation, filed a complaint before the Special Judge, NDPS Court at Porbandar in Gujarat on 22.12.2017 against the Master and the 7 crew members and 5 other persons including the appellant Sujit Tiwari, who is the brother of the Master of the ship Suprit Tiwari. In the complaint it is mentioned that after the Indian Coast Guard informed the NCB, a team of NCB went to Porbandar and once the ship MV Hennry came to the jetty on 31.07.2017, the same was boarded by the officials of the NCB, including the Intelligence Officer. Information was collected by the officials of the Indian Coast Guard and the Intelligence Officer opened one of the packets and found that it contained a substance which was a light brownish powder which on testing gave positive result for heroin. Thereafter, all the 8 persons i.e., Master 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.;