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Punjab & Haryana High Court Denies Anticipatory Bail In Case Of Smuggling Of Commercial Quantity Of Heroin From Pakistan To India

Drishti Yadav
29 May 2022 12:01 PM GMT
Keeping In View Stringent Provisions Of Section 37 NDPS Act, No Fit Case Is Made Out To Grant Regular Bail: Punjab & Haryana High Court Rejects Bail Plea
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Punjab and Haryana High Court while dealing with a prayer for grant of anticipatory bail in NCB Crime case filed under provisions of NDPS Act, 1985 to the accused-petitioner who was involved in the smuggling of Commercial quantity of Heroin from Pakistan to India, held that based on the reply submitted by the NCB, the role and active involvement of the petitioner is apparent. Therefore, no ground is made out for the grant of anticipatory bail to the petitioner.

From the reply aforesaid, the role and active involvement of the petitioner is apparent. In view thereof, no ground is made out for grant of anticipatory bail to the petitioner.

The bench comprising Justice Harinder Singh Sidhu was dealing with a case where a complaint was filed by the Union of India through Narcotics Control Bureau, Chandigarh against the (petitioner) and two others with the allegations that the troops of 52 BN, BSF have recovered six packets of suspected Narcotics Drugs from the possession of one Indian national Gurpreet Singh @ Mangal Singh who admitted that he came to collect the contraband on the asking of and in connivance with the present petitioner Rinku Singh and one Babbu Singh @ Satnam Singh.

NCB submitted in their reply that Gurpreet Singh after being served with the notice under Section 67 of NDPS Act, 1985 had admitted the manner and factum of recovery. He further disclosed facts and manner of petitioner's active involvement in the conspiracy and smuggling of commercial quantity of Heroin from Pakistan to India.

Upon notice, a reply by way of affidavit of Rahul Saini, Intelligence Officer, NCB, Chandigarh has been filed on behalf of respondent (NCB) wherein it is stated that the accused Gurpreet Singh was served with the notice under Section 67 of NDPS Act, 1985 and he admitted the manner and factum of recovery. Hence, the present petitioner had actively participated in the conspiracy and smuggling of commercial quantity of Heroin from Pakistan to India.

The co-accused Satnam Singh @ Babbu in his statements u/s 67 of NDPS Act disclosed that based on his information, the petitioner and Gurpreet Singh had to pick the packets of Heroin thrown by Pakistani Smuggler inside the Indian Border for Rupees 02 lakhs each packet. Hence, the present petitioner was actively involved in the smuggling of Heroin from Pakistani Smuggler.

It is further stated in the reply that the co-accused Satnam Singh @ Babbu were also arrested in this case, who made statements u/s 67 of NDPS Act and disclosed that he knew Gurpreet Singh and Rinku. He informed them that they had to pick the packets of Heroin thrown by Pakistani Smuggler inside the Indian Border and they would get Rupees 02 lakhs for each packet. Hence, the present petitioner was actively involved in the smuggling of Heroin and went to the BSF Chowki Lakhawali for receiving the commercial quantity of contraband from Pakistani Smuggler.

NCB further submitted that the petitioner involvement is proved after a thorough investigation and apart from the statements of co-accused, there is substantial evidence available against him that proves his guilt.

The petitioner is found indulged in the trafficking of Commercial quantity of Heroin after thorough investigation. Apart from the statements of co-accused, there is substantial evidence against the petitioner in the form of call detail records.

After analyzing the submission of the counsel for the petition and the reply submitted by the NCB, the court concluded that the present petitioner was actively involved in the conspiracy of transporting a commercial quantity of contraband from Pakistan to India and dismissed the appeal without granting the relief of anticipatory bail.

Case Title: Rinku Singh Versus Union of India

Citation : 2022 LiveLaw (PH) 120

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