National Investigation Agency v. Ajay Gupta
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Present:
Mr. Sukhdeep Singh Sandhu, Special Public Prosecutor for the appellantNIA.
Mr. Aman Bansal, Advocate for the respondent.
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1.
The present appeal has been filed by the appellantNIA against impugned order dated 25.11.2019 rendered by the learned Special Judge, NIA, Punjab, SAS Nagar Mohali vide which the respondentAjay Gupta has been enlarged on regular bail in NIA Case No.RC No.18/2019/NIA/DLI dated 24.07.2019 under Sections 120B, 121A, 122 IPC, Sections 17, 18, 18B, 20 of The Unlawful Activities (Prevention) Act and Sections 8, 16, 17, 18, 23, 24, 29, 32(b) (e) of NDPS Act.
47 5 2.
a) On 29.06.2019 Custom Commissionerate, Amritsar at its Integrated Check Post (ICP), intercepted two persons namely Gurpinder Singh an Amritsar based trader and Tariq Ahmed Lone from Handwara, J&K which resulted in seizure of 532 Kg. of Heroin and 52 Kg. of mixed narcotics [Total 584 Kg the international market value of which is approximately 2700
Crores] which was being illegally smuggled into India from Pakistan in the truck in which the accused were allegedly importing black salt. The Customs department registered a case under Customs Act and NDPS and during the course of investigation the customs department in total arrested 6 persons i.e. Gurpinder Singh Babbar, the importer of that consignment, Tariq Ahmad Lone who is said to be the actual buyer of the consignment. During the course of investigation, the Customs Department also arrested respondentAjay Gupta who was earlier importer for the consignment of Rock Salt for the same buyer Tariq Ahmad Lone. It was found that all these consignments were transported by the trucks belonging to Jasbir Singh. Hence, Jasbir Singh and his truck driver Nirbhail Singh were also arrested. Two other accused Ranjeet Singh @ Rana and Iqbal Singh are absconding.
b) During investigation, the involvement of an international drug racket based in Pakistan as well as in Afghanistan has come to light. This being a case of narcoterrorism, having national and international implications that required indepth investigation as to the funding of different terror groups through the proceeds of the narcotics consignment being smuggled from across the international border, the Government of India, Ministry of Home Affairs, CTCR Division North Block vide its order F. No. 11011/38/2019/NIA, dated 23.07.2019 issued as per provision of subsection
(4) of section 6 read with section 8 of National Investigation Agency Act, 2008, directed the NIA to take up the investigation of this case. In compliance with the Ministry of Home Affairs order F. No. 11011/38/2019/ΝIA, dated 23.07.2019, National Investigation Agency, New Delhi reregistered the case RC18/2019/NIA/DLI dated 24.07.2019
Annexure A1 Under Sections 120B, 121A, 122 of IPC 17, 18, 18B & 20 of UA (P) Act and 8, 16, 17, 18, 23, 24, 29 and 32 (B)(e) NDPS Act and took up investigation of the case.
c) After investigation of the case, chargesheet was filed on 27.12.2019 against the arrested and wanted accused persons namely (i) Gurpinder Singh (A1); (ii) Tariq Ahmad Lone (A2); (iii) Jasbir Singh (A3); (iv) Nirbhail Singh (A4); (v) Sandeep Kaur (A5); (vi) Ajay Gupta (A6); (vii) Ranjeet Singh @ Rana (A7) (viii) Iqbal Singh (A8); (ix) Farookh Lone (A9); (x) Sahil (A10); (xi) Sohaib Noor (A11); (xii) Amir Noor (A12) under Section 120B of the IPC; Sections 8 r/w section 21, 23, 12 r/w 24, 29 of the NDPS Act and Sections 17, 18 & 20 of the Unlawful Activities (Prevention) Act, 1967 and against the firms namely (xiii) M/s Kanishk Enterprises Pvt. Ltd (A13): (xiv) M/s Gupta Fast Forwarders (A14), (xv) M/s Global Vision Impex (A15); (xvi) M/s Aimex General Trading CompanyPakistan firm under under Sections 120B of the IPC; Sections 8 r/w Sections 21, 23, 12 r/w 24, 29 of the NDPS Act and Sections 17, 18, 20 & 22C of the Unlawful Activities (Prevention) Act, 1967. However, further Investigation of the case is still going on.
d) Investigation by the NIA has revealed that the consignment of narcotics concealed in rock salt is one among a series of six such consignments, wherein narcotics from Pakistan are being sent to India by A9 Farookh Lone Pakistan and A10 Sahil of Afghanistan Pakistan to be received by A7 Ranjit Singh and A8 Iqbal Singh. A10 Sahil of Afghanistan, based in Pakistan had orchestrated the whole transaction including the payments. When the consignment is sent, A2 Tariq Ahmad Lone from J &
K receives a message or a call from A10 Sahil of Afghanistan, based in Pakistan who then sends the money through hawala channels to A2 Tariq Ahmad Lone from J & K, who then deposits the money in his bank account and from there, he has made IMPS/NEFT/RTGS payment to respondentA6 Ajay Gupta and A1 Gurpinder Singh. They in turn make payments for the customs duties and other charges. They also make the payment into the account of the exporter i.e. A11 Shoaib Noor Sahil Pakistan and A12 Amir Noor Pakistan to their firm M/s Aimex General Trading (Pakistan) firm, through formal banking channels thereby completing the cycle disguising it as legitimate trade.
e) During investigation, respondentA6 Ajay Gupta was examined by the Customs Department wherein he has stated that he has one firm M/s Gupta Fast Forwarders Pvt. Ltd. (Estd. 2011) set up to provide services as CHA (Clearing House Agent). A6 Ajay Gupta had passed CHA exam and was Fcard holder. His license was suspended in 2013. The company got IEC (Import Export Certificate) instead and started export and import. A new company was set up as Caishen L&C Pvt. Ltd., 876 Hukum Singh Road, Amritsar, with two directors namely V K Dhawan and Sri Keval Krishna Gupta who is the father of A6 Ajay Gupta. VK Dhawan has passed CHA exam and is Fcard holder. This company is in CHA work since 2016 onwards. They operate through ICP Attari and Rail Cargo, Amritsar. f) RespondentA6 Ajay Gupta, in his statement to the Customs authorities has also stated that in 2018.,Advait Kumar Katiyal came to A6 Ajay Gupta and asked for import of gypsum and made him talk to A9 Farookh Lone of Pakistan. He was also told about A9 Farookh Lone Pakistan
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national's nephew A2 Tariq Ahmad Lone from J & K. A9 Farookh Lone Pakistan talked about gypsum, rock salt and limestone. Around JuneJuly 2018, A6 Ajay Gupta imported one rock salt consignment from A9 Farookh Lone Pakistan. The consignment was transferred to the godown of one Ajit Singh at Tarntaran road and remained there for around two months because it was of poor quality. A6 Ajay Gupta complained to Kaityal about this loss. Later A6 Ajay Gupta was informed of a deposit of Rs 300000 has been made in A6 Ajay Gupta's account for the salt.
g) RespondentA6 Ajay Gupta paid A9 Farookh Lone Pakistan in Pakistan for rock salt by Telegraphic transfer (TT)/swift through the Pakistani import export company used which is Aimex General Trading Company. A2 Tariq Ahmad Lone from J & K was introduced to respondentA6 Ajay Gupta by A9 Farookh Lone Pakistan over the phone. He introduced himself as a garment and rock salt trader from Batala bus stand. He lifted the rock salt on 21.10.2018. After deduction of expenses, A6 Ajay Gupta returned Rs 75000 80000 to Katyal in cash. Around Dec 2018, respondent A6 Ajay Gupta received a call from A12 Amir Noor Pakistan from Pakistan regarding supply of rock salt. Soon, A2 Tariq Ahmad Lone from J & K contacted A6 Ajay Gupta and asked to buy rock salt for him. Respondent A6 Ajay Gupta placed the order with A12 Amir Noor Pakistan.
His firm is A16 M/s Aimex General Trading Pakistan firm and all payments were done through TT/Swift. The consignment was again brought to Ajit Singh's godown at Kochar rice Mills.
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consignment. The bill was made in the name of Tariq Ahmad Lone of Batala. As per respondentA6 Ajay Gupta, he paid nothing to Ajit Singh for the Godown at Kochar Overseas Limited. A register is maintained at the godown which has corroborated the consignments. After imposition of 200% duties on Pakistan imports, A2 Tariq Ahmad Lone from J & K asked for another consignment of rock salt and respondentA6 Ajay Gupta ordered it from A12 Amir Noor Pakistan. A2 Tariq Ahmad Lone from J & K took the goods after paying around Rs 6 lakh which included duty and taxes. Next consignment came in the second week of April, and payment made via Swift/TT. Payment by A2 Tariq Ahmad Lone from J & K was received through RTGS but it was delayed.
Respondent A6 Ajay Gupta and A2 Tariq Ahmad Lone from J & K had disagreements which is why when the next consignment came, respondent A6 Ajay Gupta refused to accept it. h).
The tabular form of the details of the import and export carried out by respondent A6 Ajay Gupta for A2 Tariq Lone of J&K is as follows. 5'
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AGT/GFF/ 01/2018 05.07.2018 AIMEX GENERAL TRADING CO PAKISTAN (+9231342176 17) ROCK SALT GRANULE S 7101129 06.07.2018 CAISHEN L & C PVT.
LTD.
19.07.2018 20.07.2018 PB07S5 02.10.2018 PB46M GVI/GF/ 001/2019 19.01.2019 GLOBAL VISION IMPEX PAKISTAN (+3232185141 LIGHT PINK ROCK SALT GRANULE S 9735959 21.01.2019 CAISHEN L & C PVT.
LTD.
28.01.2019 29.01.2019 PB02BZ 06.02.2019 PB46M GVI/GF/ 002/2019 26.03.2019 GLOBAL VISION IMPEX PAKISTAN +3232165141 LIGHT PINK ROCK SALT GRANULE S 2614128 28.03.2019 CAISHEN L & C PVT.
LTD.
30.03.2019 31.03.2019 PB02B 31.03.2019 PB46 M9599 M GVI/GF/ 002/2019 05.04.2019 GLOBAL VISION IMPEX PAKISTAN (+3232185141 LIGHT PINK ROCK SALT GRANULE 2604302 11.04.2019 CAISHEN L & C PVT.
LTD.
13.04.2019 15.04.2019 PB02BP 16.04.2020 PB46M PB02BQ
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S i) The investigation has revealed that A16 M/s Aimes Trading Pakistan is the exporter for one consignment received by A2 Tariq Ahmad Lone from J & K through the importer A6 Ajay Gupta via A14 M/s Gupta Fast Forwarders as evident in the bill of entry and other documents available at ICP Attari.
j).
The investigation has also revealed that A2 Tariq Ahmad Lone from J & K was in touch with his uncle A9 Farookh Lone Pakistan and that A9 Farookh Lone Pakistan was known to respondent A6 Ajay Gupta. A9 Farookh Lone Pakistan crossed border to join militancy in Pakistan from Kashmir in 1990 and has not returned to India. The investigation revealed that A16 M/s Aimex General Trading Pakistan firm is a firm belonging to A11 Shoaib Noor Sahil Pakistan and his brother A12 Amir Noor Pakistan. They have sent four consignments of rock salt including the last one in which 532 kgs of high quality heroin was detected. As such they have been involved in the smuggling of narcotics into India. They were in touch with A2 Tariq Ahmad Lone from J & K, A1 Gurpinder Singh and respondent A6 Ajay Gupta on the Indian side. Earlier consignments had also contained narcotics was established through a video received from a source.
k) NIA arrested respondent A6 Ajay Gupta s/o Sh. Kewal Krishan Gupta on 12.09.2019 formally as he was in judicial custody since his arrest by the Customs authorities on 20.07.2019 in the same case that was handed over to the NIA.
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3.
555 4 54 44 Learned counsel for the appellant vehemently contended that learned trial Court granted the benefit of regular bail to the respondent by ignoring the provisions of Section 37(2) of NDPS Act and Section 43 (D) of UAPA. There is case against the respondentAjay Gupta, as his complicity in the commission of offence has been proved and it is a case of narcoterrorism, where the narcotics are smuggled in India alongwith rock salt and proceeds of narcotics are diverted to fund the terrorist activities in the country. 4.
555 4 54 5 '54 Learned counsel for the respondent contended the learned Judge, Special Court rightly granted the benefit of regular bail to the respondentaccused because he has no concern with the consignment in which 584.42 kg. of intoxicant material was found. The respondent A6 Ajay Gupta has valid import and export licence. There is no evidence that the consignment of rock salt imported from Pakistan had any intoxicant material. The consignment of Proprietor of M/s Kanishk Enterprises, Amritsar owned by Gurpinder Singh was found to have 584.42 kgs. of intoxicating substance and said Gurpinder Singh in his statement dated 30.06.2019 stated that said consignment was to be delivered to Tariq Ahmad Lone S/o Abdul Majeed Lone, who further in his statement dated 01.07.
2019 stated that the truck bearing registration No. PB 46M8096 was to be used for transportation of Rock Salt Consignment, whereas the respondent has no concern with the consignment of light pink rock salt granules imported from Pakistan by Gurpinder Singh. Gurpinder Singh had died in police custody. The respondent has been paying all the import duty and he was rightly granted benefit of regular bail.
(' 555 5 a) Learned Judge, Special Court while granting the benefit regular bail to the respondentA6 Ajay Gupta vide impugned order noted that; "
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c) It was further observed by learned Judge, Special Court that in the statement of account, the beneficiary customer name is mentioned along with complete
details, Even, the name of ordering customer i.e. Ajay Gupta is mentioned and the amount has been sent from the account of respondent's firm. The transaction is through bank and the certificate issued by the bank cannot be doubted at this stage. It was also observed by learned Judge, Special Court that;
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e) Learned Judge, Special Court also observed that no recovery has been effected from respondent A6 Ajay Gupta in this case or in cases in which he was involved after registration of the present case. The amount received by the respondentAjay Gupta as referred by NIA in written statement are not exorbitant amounts which might lead to the conclusion that the same are for some illegal activity.
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6.
In view of the above scrutiny of the impugned order and the perusal of facts gathered by the NIA during investigation, we are of the opinion that there is no illegality or irregularity in the impugned bail order. Moreover, the considerations for cancellation of bail are entirely different from considerations made at the time of grant of bail to an accused. Hon'ble Apex Court in its recent judgment in
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Learned State counsel failed to point out how the bail order granted in favour of the respondentAjay Gupta is perverse or whether the accusedrespondent has misused his liberty by indulging in similar/other criminal activities, interfered with the course of trial; attempted to tamper with the evidence; attempt to influence/threaten the witnesses or indulged himself in activities which would hamper smooth trial or there is likelihood of his fleeing from the Court of justice or he is unavailable during trial or placed himself beyond the reach of his sureties or did anything which is noncondusive to a fair trial. In the absence of any such circumstances, there is no ground for cancellation of bail order in favour of the respondent/accused Ajay Gupta. Hence, the appeal filed by the appellantNIA for cancellation of bail granted to the respondent, stands dismissed being devoid of merits.
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However, the respondent is directed to be regular while attending the proceedings of the trial and in case, he is unable to attend the Court for the reasons beyond his control, he should move an application seeking exemption from his personal appearance before the learned trial Court and in his absence, in case, there is any witness(es) present in the Court, his/her statement shall be recorded and his counsel shall also conduct crossexamination on the said witness(es). The trial Court may seek such undertaking from respondent/accused, in case not already furnished. His counsel shall not seek adjournment solely on the ground of nonavailability or absence of the respondent from the Court proceedings.
10.
Pending application(s), if any, also stand disposed of.
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56 December 08, 2025 sonia arora √ Whether speaking/reasoned:
Yes / No √ Whether reportable:
Yes / No