Drug Smuggling Through India-Pak Border Impacting Youth, Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused

Observing that increasing smuggling of illicit drugs through the India-Pakistan border, particularly via drones, has become a growing concern for national security and youth, the Punjab & Haryana High Court refused to grant anticipatory bail under the NDPS Act.

The FIR was lodged under Section 21 of the NDPS Act alleging that an accused  disclosed to the police that the consignment of the contraband was supplied from Pakistan through drone and one Robert Masih (petitioner) used to give them money for the same.

Justice Rupinderjit Chahal said, "There is steady increase in cross border smuggling of illicit drugs through drones these days. The increasing instances of drug smuggling through drones in India from across the border i.e. Pakistan pose a grave threat not only to the security of the nation but also impacts the youth of the nation."

The Court noted that the present petitioner is also declared proclaimed offender and there are number of other cases pending against him. Considering the gravity of the allegations, it opined that the custodial interrogation of the petitioner is required for fair and effective investigation in the matter.

Counsel for the petitioner submitted that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused Harjit Singh alias Jeeta and no recovery is to be effected from Masih. 

After hearing the submissions, the Court said that the allegations against the petitioner are serious in nature. As per the prosecution, the contraband i.e. heroin which was recovered from co-accused Harjit Singh alias Jeeta was to be supplied to the present petitioner and the same was received from across the border from Pakistan through drone.

Justice Chahal highlighted that the present petitioner is alleged to be mastermind of drugs supply chain from Pakistan and as per the investigation till date, the petitioner is found to be member of drug nexus who smuggled heroin from Pakistan by using drones.

While considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest, added the judge.

Stating that the Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society, the Court refused to grant the relief.

Mr. Ritesh Pandey, Advocate for the petitioner.

Mr. Ravinder Singh, DAG, Punjab.

Title: Robert Masih v. State of Punjab

Citation: 2025 LiveLaw (PH) 400

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