Contraband delivery from across border 'not unknown': Punjab and Haryana High Court

Saurabh Malik

Chandigarh, July 28

Making it clear that the delivery of contraband and arms’ consignments through drones from across the Pakistan border is not unknown, the Punjab and Haryana High Court has turned down the anticipatory bail plea of an accused after agreeing with the state counsel’s contention that his custodial interrogation was required for further elicitation of truth.

Anticipatory bail plea turned down

• Turning down the anticipatory bail plea of a woman who appeared to be a part of an international drugs mafia, the high court has asserted that her custodial interrogation would definitely be required by the prosecution
• “Prima facie, the petitioner who admittedly has been involved in a number of cases under the NDPS Act, appears to be a part of a drug mafia,” Justice Manjari Nehru Kaul asserted
• The petitioner had moved the court seeking the concession in a case registered on November 15, 2022, under the NDPS Act

The ruling by Justice Jasgurpreet Singh Puri came on a petition filed by Binder Singh against the state of Punjab for grant of anticipatory bail in an FIR registered on June 3 under the provisions of the Narcotic Drugs and Psychotropic Substances Act in Jalalabad.

The petitioner’s counsel submitted that the petitioner’s name figured in the FIR, but he had no connection with the co-accused from whom the alleged recovery was made. Describing it as a case of false implication, the counsel had added no recovery was made from the petitioner.

Punjab Deputy Advocate-General Sarabjit Singh Cheema, on the other hand, dubbed it as a serious case in which the petitioner and the co-accused indulged in cross-border smuggling of heroin with Pakistan. More than 9 kg heroin was delivered through a drone from Pakistan, he added.

Justice Puri asserted the petitioner’s name was specifically mentioned in the FIR. Direct recovery was not made from the petitioner. But the state counsel’s submission was that there was a huge recovery of heroin from the co-accused, who had disclosed the petitioner’s name.

Justice Puri asserted: “The arguments raised by the state counsel that the matter being not only serious, but also sensitive wherein huge quantity of heroin has been recovered from a place which was delivered through a drone from Pakistan and the custodial interrogation of the petitioner is required for the purpose of further elicitation of truth, thus, carry weight and cannot be ignored.”

Justice Puri said the petitioner did not deserve the concession of anticipatory bail, considering the gravity and magnitude of the offence.