'Grave Allegations Of Cross-Border Narco-Terrorism': Punjab & Haryana HC Allows NIA's Plea To Cancel Bail In 500 Kgs Heroine Smuggling Case

The Punjab and Haryana High Court has cancelled bail of a man accused in a case involving 500 kgs of heroine smuggling from Pakistan, observing that his custodial interrogation would be required to know the "hawala channels."

The National Investigation of Agency (NIA) had moved the High Court seeking cancellation of bail of Ankush Vipan Kapoor accused in several cases including dealing in illegal weapons and Heroin, smuggling massive quantity of contraband. He was booked under Sections 21, 25, 27-A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Sections 30, 53, 59 of the Arms Act in 2020. He was granted regular bail in 2021.

He was also accused in a case involving smuggling of 500kgs of Heroine from Pakistan to Gujarat. Given the seriousness of the matter, the Gujarat Government had transferred the case to NIA. The NIA added Sections 17 & 18 of UAPA against him.

Justice Manjari Nehru Kaul said, "It is no longer a secret and it is rather very unfortunate that the menace of drugs has spread like termites and is slowly spreading its tentacles. To effectively deal with the alarming rise of this drug menace, it would be required to disrupt the supply chain by targeting the source of these drugs and psychotropic substances."

The instant case is one such case where the custodial interrogation of the respondent would be necessitated so that the petitioner is able to go to the root and identify the source as to where the drugs are coming from, as well as the Hawala Channel, the Court added.

Justice Kaul noted that in the instant case, there are grave allegations of cross-border narco-terrorism involving a huge recovery of 500 kgs of Heroin being smuggled into India through Gujarat and then into Punjab in a "meticulously planned manner."

Reliance was placed upon Pradeep Ram vs. State of Jharkhand wherein it was held that, "...where after grant of bail to an accused, further cognizable and non-bailable offences are added:- (i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested.

(ii) The investigating agency can seek order from the court under Section 437(5) or 439(2) of Cr.P.C. for arrest of the accused and his custody."

The Court  rejected the argument of counsel for the accused that apart from bald assertions there is no material which would remotely link him with the huge recovery of Heroin effected in Gujarat or with the drug cartel allegedly in operation.

Justice Kaul observed that in view of the nature and severity of the allegations, coupled with the stakes involved, "this Court concurs with the submissions made by the learned counsel for the petitioner about the possibility of the respondent evading the process of law."

The Court held that the investigation, in the facts and circumstances of the case, "would have to be taken to a logical conclusion, for which the interrogation of the respondent, who is alleged to be running the operations of the drug syndicate in Punjab on behalf of its kingpin, who is based outside India, would be crucial."

In the light of the above, the plea was allowed and consequently, the Court cancelled the Bail of the accused.

Citation: 2024 LiveLaw (PH) 36

Appearance: Sukhdeep Singh Sandhu, Advocate (NIA Spl. Prosecutor) for the petitioner.

Vipul Jindal, Advocate for the respondent.

Title: National Investigation Agency v. Ankush Vipan Kapoor

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