Non-Compliance With CrPC, NDPS Act Cannot Be Argued At Stage Of Bail In International Drug Smuggling Cases: Rajasthan High Court

The Rajasthan High Court has denied bail to an individual booked under the Narcotic Drugs & Psychotropic Substances Act (NDPS) for allegedly being involved in an attempt to smuggle drugs from Pakistan.

The Court held that non-compliance with provisions under the NDPS Act or CrPC cannot be argued at the stage of bail in a case of international smuggling of contraband.

"On perusal of record, it is prima facie revealed that issues sought to be argued by the petitioner regarding alleged non-compliance of various provisions of NDPS Act and Cr.P.C. cannot be countenanced at this stage in such a case of international smuggling of contraband drug."

A bench of Justice Rajendra Prakash Soni was hearing a bail application filed by the accused.

The facts of the matter were that the Border Security Force (“BSF”) had received information about potential suspect movement from Pakistan in the international border area, pursuant to which, an operation was carried out for vigilance.

It was stated that at midnight, some suspicious movement was observed under the cover of wild plants and the sound of something being dropped was heard. On searching the area, five packets were recovered, which, on being tested were found to be contraband.

It was further stated that around the same time, a car carrying two Indian nationals approached the international border, which turned back and fled on witnessing the BSF troops. These two Indian nationals were later arrested and it was found that they had come to take the delivery of the drugs.

It was the case of the counsel for the applicant that there was an unexplained delay in lodging the report of the incident by the BSF officer. Furthermore, the prosecution was not able to produce all the material witnesses for a long time causing delays in trial. Arguing many legal deficiencies in the recovery proceedings, the counsel argued that the applicant must be granted bail.

Rejecting the arguments of the counsel for the applicant, the Court observed that prima facie there was no legitimate reason for the petitioner to be present at the international border during mid-night, that too at the same time when the packets of drugs were found to have been dropped from the side of Pakistan.

Highlighting another NDPS trial pending against the applicant, the Court stated that there was ample material on record to connect the applicant with these allegations.

The Court further held that the issues raised by the counsel regarding non-compliance of provisions of NDPS and CrPC could not be considered at the stage of bail in a case of international smuggling of drugs. The Court said that such issues could be clarified only during trial.

Furthermore, the Court frowned upon the growing menace of international drug trafficking and held that,

“This Court is of the opinion that international drug trafficking is a global menace that inflicts incalculable harm on individuals, communities and nations…International drug trafficking stands as one of the most pervasive and destructive criminal enterprises in the world today. This illicit trade fuels violence and destabilizes governments. The enormous profits generated by the drug trade undermines the rule of law as criminal organizations wield power and influence rivalling that of legitimate authorities.”

In light of the above analysis, the bail application was rejected.

Title: Balveer v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 200

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