SUJIT TIWARI Vs. STATE OF GUJARAT
SUPREME COURT OF INDIA
STATE OF GUJARAT
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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
(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.
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