BISMILLAH KHAN AHMADZAI V. UNION OF INDIA THRU NARCOTICS DRUGS BUREAU , LKO

BAIL/10820/2019

AI Insights

Bismillah Khan Ahmadzai, a businessman and director of M/s Altruist Chemicals Pvt. Ltd., was accused under various sections of the N.D.P.S. Act concerning the illegal handling of Acetic Anhydride. The prosecution alleged that this substance was found at a location not owned or managed by Ahmadzai, and he had minimal involvement in the accused company. His counsel argued that he was falsely implicated, highlighting his respectable position and lack of criminal history. The court considered the submissions, the evidence presented, and the procedural history, ultimately deciding to grant bail due to the factors mentioned above.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 677810 (HC-UTTAR_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 08-05-2019
• Assessment Year: misc
• Laws Referred To: N.D.P.S. Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ASHISH PANDEY
• Assessee Lawyers: SYED IBRAHIM; GOPAL CHATURVEDI; IMRAN ULLAH
• Keywords: Acetic Anhydride; Bail application; False Implication; Narcotics Drugs Bureau; Income tax assessee; American Corporation; Altruist Chemicals Pvt. Ltd.
• Section: 8; 23; 9A; 29; 25A; 22A

Judgement Text

"Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10820 of 2019 Applicant :- Bismillah Khan Ahmadzai Opposite Party :- Union Of India Thru Narcotics Drugs Bureau , Lko Counsel for Applicant :- Syed Imran Ibrahim,Gopal Swarup Chaturvedi,Imran Ullah Counsel for Opposite Party :- Ashish Pandey Hon'ble Ghandikota Sri Devi,J. Counter affidavit filed by Sri Ashish Pandey, learned counsel for the complainant is taken on record. Heard Sri G.S. Chaturvedi, learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the complainant and learned A. G. A. for the State. Applicant- Bismillah Khan Ahmadzai has moved the present bail application seeking bail in Case Crime No. VIII/ 31/ DZU/ 2018, under Sections 8/ 9A/ 25A/ 22A/ 23/ 29 of N.D.P.S. Act, P.S. NCB, New Delhi, District- G. B. Nagar. I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order. The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The further contention is that applicant is a respectable businessman and is the president of an American Corporation and he also became the director of M/s Altruist Chemicals Pvt. Ltd. (accused company) along with Prateek Shukla; that the applicant was having only 1% share in the accused company and day to day work was not being handled by him; that according to the prosecution, Acetic Anhydride was recovered from registered office of an electric godown near Krishna Gaushala, Gate No. 2, Village, Karheda, Ghaziabad (U.P.) but neither applicant was present there nor the premises situated at Village, Karheda belong to the applicant, further applicant has not done any documentation in relation to transfer of Acetic Anhydride; that applicant is a citizen of USA and and is an income tax assessee there and has been filing his returns regularly before the concerned authorities of the country. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.10.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It has been pointed out that applicant is not having any criminal history. Learned AGA as well as learned counsel for the complainant has opposed the bail application of the applicant. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. The prayer for bail is granted. The application is allowed. Let the applicant Bismillah Khan Ahmadzai involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected. v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court. Order Date :- 8.5.2019 V.S.Singh "