The Jammu & Kashmir and Ladakh High Court has recently denied bail to an accused individual, Arshad Ahmed Allaie, in a case involving narco-terrorism. The court's decision emphasizes the stringent legal barriers in cases involving both terrorism and drug trafficking, particularly under the Unlawful Activities (Prevention) Act (UA(P) Act) and the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Arshad Ahmed Allaie, a 38-year-old resident of Shopian, was arrested in May 2019 after police intercepted a vehicle and recovered 260 grams of heroin and a substantial amount of cash. Investigations revealed links to cross-border drug trafficking and financing of terror activities within the Union Territory. The prosecution argued that Allaie was connected to handlers operating from Rawalpindi, Pakistan, including individuals identified as trained militants. It was alleged that Allaie received and distributed heroin, channeling the proceeds to Hizbul Mujahideen militants through hawala networks.
Allaie's counsel argued that he was falsely implicated and that the prosecution's witnesses had failed to directly connect him to the crime. The defense also cited the prolonged incarceration and potential for further delays in the trial, which they claimed could take decades to conclude. However, the prosecution countered that the case involved both terrorist financing and a commercial quantity of narcotics, which triggered strict conditions for bail under the NDPS Act and the UA(P) Act.
The High Court upheld the trial court's order, emphasizing that the conventional principle of "bail is the rule, jail is the exception" does not apply in cases involving the UA(P) Act. The court noted that offenses under this act reverse the conventional bail principle. The court agreed with the prosecution that there was prima facie evidence indicating Allaie's involvement in drug trafficking to fund terrorism. The bench stated that the evidence showed Allaie's involvement in receiving large consignments of heroin smuggled from Pakistan and channeling the proceeds through hawala networks to finance terrorism in Jammu & Kashmir.
The court also addressed the issue of the delayed trial, referencing Supreme Court rulings that clarify that a mere delay cannot override the statutory bar on bail in cases involving grave threats to national security. The High Court expressed concern regarding a prior decision by the trial court to grant bail to Allaie's co-accused without properly applying Section 37 of the NDPS Act. The High Court directed the Registrar General and Director General of Police to take remedial steps regarding this. The court also noted the prosecution's failure to challenge the bail order granted to the co-accused.
The High Court emphasized the seriousness of narco-terrorism, stating that granting bail in such cases would send the wrong signal. The court observed that the involvement of the accused in transnational narco-terrorism, with proceeds used to fund terror activities, is a serious threat to national security. The judgment underscores the judiciary's firm stance against narco-terrorism, where drug money fuels militant networks, posing a significant threat to regional stability.
