Bail for Delhi resident who tried to broker Russian arms deal for Dawood gang

Delhi resident Danish Ali Jamaluddin Ahmed, who allegedly worked with Dawood Ibrahim’s nephew and sought to procure arms from Russian agents, has been granted bail by the Bombay high court. Ahmed, who turned approver in an extortion case against Dawood Ibrahim’s brother Anees Ibrahim, had been detained in custody since 2018. The court held that an approver cannot be detained indefinitely, especially now that witness protection legislation is in place. Ahmed had testified before the trial court and revealed details of his involvement in arms deals.

MUMBAI: Delhi resident Danish Ali Jamaluddin Ahmed, who allegedly worked with Dawood Ibrahim’s nephew and sought to procure arms from Russian agents, was granted bail by the Bombay high court on Monday.

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The 42-year-old was arrested on December 1, 2018, in connection with an extortion case against Dawood Ibrahim’s brother Anees Ibrahim and other members of the gang. The complainant in the case was a businessman who ran a hotel in Dubai. Ahmed, one of the accused in the case, turned approver and testified before the trial court, supporting the prosecution’s case.

Ahmed moved the high court after the special MCOCA court rejected his bail plea on June 30, 2023, primarily in view of Section 306 of the Criminal Procedure Code, which mandates that an approver must be detained in custody until conclusion of the trial.

A single judge bench of justice Makarand Karnik, however, held that an approver cannot be detained in custody indefinitely, especially when he has complied with conditions of pardon granted to him on becoming an approver and the Maharashtra Protection of Witnesses and Security Act, 2017 is in force.

Justice Karnik said there was no legislation in place for witness protection when the CrPC was brought into force. “Now with the Witness Protection Act in place, the dominant object of the applicant’s detention in custody – his own safety – until the termination of the trial is to a large extent obliterated, more so when the applicant has complied with the conditions of the pardon,” said the judge.

The bench said if the police apprehend threat to his life on being enlarged on bail, it is their duty to find out the extent of threat perception and ensure that adequate measures are put in place for protection of the witness.

“Detaining the applicant (Ahmed) for an indefinite period when there is nothing on record to indicate when the trial will be terminated is not only unfair to the applicant but will be deterrent to those witnesses seeking tender of pardon in future,” said the judge. “This cannot be the object of sub-section 4 of section 306, more so when a legislation like the Witness Protection Act is now in place,” he added.

In his deposition before the trial court, the 42-year-old had stated that in 2009, after the death of Dawood’s brother Noora Ibrahim, the son of the deceased, Sohel became his close friend, and they moved to Russia, where Ahmed worked with Russian agents. During this period, he said, he had tried to broker arms deal between the Russian agent and the Dawood gang, but the agents refused to supply arms to the gang.

He revealed he would travel by Russian chartered flights to Belgium, Dubai, Uganda, Algeria, Venezuela and other places to meet prospective customers for Russian arms and show them pictures of “the products” on offer.

In 2014, Ahmed and Sohel met three agents of the US Drug Enforcement Agency, who posed as Columbians seeking to purchase Russian arms for a revolt. After he showed them some pictures, they chose Igla infra-red missile launchers.

After the deal was confirmed in June 2014, Ahmed and Sohel travelled to Spain to collect the advance and provide the “Columbians” with three samples. Both were arrested and taken to Madrid. They pleaded guilty and were extradited to the US after spending a year and a half in a Madrid jail. Ahmed was released from the US prison in September 2018 and deported to India, following which he was arrested in the extortion case.