'Narcotics as terror currency': Jammu and Kashmir HC underlines Pakistan's dual proxy war while denying bail to juvenile

The Jammu and Kashmir and Ladakh High Court denied bail to a juvenile accused stating that his actions warranted stricter scrutiny.

Narco-terrorism is no longer confined to drug-weapon smuggling with the use of narcotics as a terror currency and cross-border smuggling of narcotics and terror activities becoming a new front of proxy war unleashed by the adversaries from across the border, the Jammu Kashmir and Ladakh High Court observed as it denied bail to a juvenile arrested in an alleged narco-terror case.

Noting that the release of the accused would expose him to criminal elements, endanger him morally and psychologically and ultimately "defeat the ends of justice", the High Court said that the gravity of his actions demands stricter judicial scrutiny and upheld a lower court order denying him bail.

The case dates back to 2022 when Manpreet Singh alias Manni was detained in connection with an FIR registered at Samba Police Station under provisions of Unlawful Activities (Prevention) Act, NDPS Act, Arms Act, Foreigners Act and Enemy Agents Ordinance.

Though the accused was under 18 years at the time of arrest, he was declared to be tried as an adult in view of the grave nature of the offences and his level of maturity as assessed by the Juvenile Justice Board.

Justice Rajesh Sekhri, while upholding the trial court's decision of denying bail to the accused under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, observed that being declared to be tried as an adult does not alter the petitioner’s juvenile status in principle and that the gravity of his actions demands stricter judicial scrutiny.

Detailing how narco-terrorism was no longer confined to drug-weapon smuggling, Justice Sekhri observed how "the enemy" was deploying a dual strategy of sending across drugs and weapons.

"A dual strategy of sending across the drugs and weapons is being employed by the enemy to threaten economic security of the country, incite subversive activities and disrupt the social fabric," he said, adding the petitioner cannot be allowed to take benefit of the legislation to "defeat the ends of justice".

The court further noted that the accused was found to be "actively assisting and participating in the activities of an organised narco-terror module along with his associates".

Although Section 12(1) of the JJ Act provides that a juvenile should be released on bail, the law also includes a proviso allowing bail to be denied if the child may be brought into association with known criminals, may be exposed to moral, physical or psychological danger and the release may defeat the ends of justice, the court further noted.

"The offences committed by the petitioner are not only grievous in nature but also against the sovereignty and integrity of the country. His well-planned conduct and methodical participation reflect the mind of a matured and skilled person," the court said.

According to The Indian Express, the investigations conducted by the State Investigation Agency allegedly revealed that Manpreet was actively assisting his associates and participating in the activities of an organised narco-terror gang, involved in the smuggling of narcotic drugs and firearms from Pakistan.

The alleged kingpin of this gang — codenamed Rana, a resident of Pakistan – was trying to incite subversive activities with the use of narcotics as a terror currency, the investigators found. A co-accused named Gurpreet Singh alias Billa used virtual numbers and highly-encrypted and sophisticated applications from his phone, installed specifically for the purpose of executing the operation.

Billa was allegedly directly in touch with Rana, with investigators claiming to have proof that he made a WhatsApp call to his Pakistani handlers from a hotel in Samba.

The accused had allegedly gone to the international border near Amb Tali in Samba district to collect a consignment containing narcotics, a pistol along with ammunition, Pakistani currency and a cough syrup dropped by some Pakistani smugglers on the Indian side of the border.

Three of these Pakistani smugglers were killed by BSF troops during the encounter on February 6, 2022.