'Cross Border Narco-Terrorism, Use Of Drones To Transport Drugs & Weapons On Rise; Must Be Nipped In Bud': Punjab & Haryana HC
The Punjab and Haryana High Court, while rejecting an anticipatory bail application on Wednesday filed by an alleged drug smuggler in close contacts with suppliers from Pakistan, made serious observations on the situation of rising cross border narco-terrorism with increasing use of drones to smuggle drugs and weapons across borders. Rejecting the anticipatory bail plea, a single bench...
The Punjab and Haryana High Court, while rejecting an anticipatory bail application on Wednesday filed by an alleged drug smuggler in close contacts with suppliers from Pakistan, made serious observations on the situation of rising cross border narco-terrorism with increasing use of drones to smuggle drugs and weapons across borders.
Rejecting the anticipatory bail plea, a single bench of Justice Jasjit Singh Bedi said that:
"The allegations against the petitioner are extremely grave and serious. With increased use of drones to transport drugs and weapons, cross border narco-terrorism is on the rise and must be nipped in the bud with a heavy hand. Therefore, the investigating agencies must have complete latitude in investigating such cases."
The matter reached the Court when a petition was filed under Section 438 CrPC for grant of anticipatory bail by a resident of the Pakistan-bordering Tarn Taran district of Punjab in an FIR registered under Sections 21, 23 and 29 of the NDPS Act.
The Police lodged the FIR upon secret information connecting the petitioner with a drone found coming from Pakistan, which dropped two packets of heroin, each containing 1.12 Kgs of heroin, and flew back in the direction of Pakistan. A total of 2.24 Kgs heroin was recovered, resulting in the FIR.
The petitioner contended that FIR was registered on 10.08.2021 and the contraband was recovered on the intervening night of 25/26.05.2022. During the interim period, the investigating agency had made raids, however, no recovery was ever made. Stating that the recovery allegedly effected on 25.05.2022 through a drone could not be connected to him, he contended that he should be granted anticipatory bail.
The State, on the other hand, contended that the petitioner was in touch with Pakistan based smugglers. It was contended that the petitioner was not cooperative. The State argued that the petitioner refused to hand over his mobile phone and SIM card to the investigating agency. On the contrary, he stated that the same had been destroyed by his mother. Subsequently, he handed over his wife's mobile phone and was deliberately misleading the investigating agency.
The petitioner had earlier sought the concession of anticipatory bail, which was dismissed by the Court of Additional Sessions Judge, Amritsar and later by the High Court, asking him to join the investigation.
The Court, noting the seriousness of allegations against accused, increasing cross border narco-terrorism and the conduct of the petitioner said that:
"The allegations against the petitioner are very serious. As per secret information, the petitioner is stated to have been in contact with Pakistan based smugglers on a number of occasions. In fact, drugs were brought in from Pakistan by a drone on the intervening night 25/26.05.2022 and the same has been connected to the petitioner."
The Court further added that:
"On joining investigation, he has made deliberate attempts to mislead the investigation firstly, by stating that his phone and SIM card were destroyed by his mother and thereafter, by handing over his wife's phone. Therefore, it is apparent that he is withholding vital information, necessary for the investigating agency. In view of the above, his custodial interrogation is certainly necessary."
Case Title: Gurmeet Singh v. State of Punjab
Citation: CRM-M-39066-2022 (O & M)
Coram: Justice Jasjit Singh Bedi
Citation: 2022 LiveLaw (PH) 334