HC grants bail to four in narco-terror case

The Punjab and Haryana high court has granted bail to four persons booked under UAPA and drugs case, in a case of narco- terror reported in 2020.

The Punjab and Haryana high court has granted bail to four persons booked under UAPA and drugs case, in a case of narco- terror reported in 2020.

Punjab and Haryana high court has granted bail to four persons booked under UAPA and drugs case, in a case of narco- terror. (Getty Images/Purestock)

The high court bench of justice GS Sandhawalia and justice Jagmohan Bansal said that the accused have been in judicial custody for almost four years, which is “sufficient period” to snap link with their “associates”.

The pleas were filed by from Gursant Singh, Manpreet Singh, Hilal Ahmed Shergoji and Bikramjit Singh, booked in an FIR in Amritsar on April 25, 2004, under unlawful activities (prevention) Act, 1967 (UAPA) and narcotic drugs and psychotropic substances act, 1985 (NDPS Act).

Allegations were that Shergoji, who was allegedly an active member of Hizb-ul-Mujahideen and a close accomplice of Riyaz Ahmed Naikoo, the then area commander of Hizb-ul-Mujahideen in Pulwama, was in Amritsar to collect funds. He was arrested and a recovery of ₹29 lakh was made. It was claimed that he had come to Amritsar to collect funds that were proceeds of narcotics sale, to be used in terror activities in Jammu and Kashmir. Subsequently, the three others were also arrested. The NIA had taken over the case and filed a charge sheet in 2021 indicting them.

The Court found that “prima facie” offences under UAPA are not made out against them all in the charge sheet. Though different provisions of UAPA have been invoked, we prime facie find that appellants (except Shergoji) are primarily accused of commission of an offence punishable under the NDPS act, it said.

The court also noted that there is no recovery of narcotic drugs from appellants except one accused, and there is no attachment of property though there are allegations that they have made properties out of proceeds of crime. The respondent under UAPA as well NDPS Act has failed to attach properties derived from proceeds of crime, it further added.