"Narco-Terrorism, Destroys Life Of Youth": P&H High Court Flags Issue Of Weapons, Drugs Being Sent Across Border Via Drones

Observing that it is a clear case of "narco-terrorism", the Punjab & Haryana High Court has refused to grant bail to a man booked under the NDPS Act and Arms Act for allegedly being involved in transporting drugs from drone across the border.

Justice Jasjit Singh Bedi said, "Weapons and drugs are coming in across the border via drones. The weapons are used by terrorists and organized crime syndicates whereas the drugs are being pushed towards the youngsters because of which the lives of a whole generation of youth is being destroyed. Therefore, offences of this kind are to be dealt with an iron hand."

Bittu had filed the plea for regular bail in an FIR registered against him under Section 21 of the NDPS Act and Section 25 of the Arms Act, 1959 at Punjab's Ferozepur district.

It was alleged that along with other co-accused Bittu was working as a drug Mafia of heroin at a high level and Heroin and weapons were being brought via a drone.

The recovery of 2 Kgs heroin, one 30-bore pistol made in China, 02 magazines and 12 live cartridges were also made from an agricultural land of the co-accused, it was alleged. During police remand one of the accused in the case confessed that he in connivance with Bittu and others received a consignment of heroin from Pakistan through a drone.

Counsel appearing for the petitioner argued that he had been falsely implicated in the present case.

After hearing the submissions, the Court noted that "on the basis of secret information, a raid was conducted in the field of Kulwant Singh and the recovery of 2 Kgs heroin, one 30 bore pistol made in China, 02 magazines and 12 live cartridges came to be effected from the said fields. "

The petitioner and his co-accused have been duly named in the FIR. The antecedents of the petitioner clearly establish beyond doubt that he is a habitual offender with multiple cases under the NDPS Act, the judge added.

"Therefore, the satisfaction under Section 37 of the NDPS Act that the petitioner has not committed an offence and it is not likely to commit one in future cannot be recorded," added the Court.

The Court said that Section 37 underlines that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence if granted bail.

Adding that the present case is the case of "narco-terrorism", the Court said it is not "appropriate to grant the concession of bail to the petitioner" and dismissed the plea.

Mr. Karandeep Singh Sidhu, Advocate for the petitioner.

Mr. Prabhdeep Singh, Asstt. A.G., Punjab.

Title: Bittu v. State Of Punjab 

Citation: 2024 LiveLaw (PH) 208

Click here to read/download the order