HC refuse to quash PSA of alleged Narco Smuggler

Jammu MAY-17-2024:- Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court today dismissed the petition filed by Baldev Raj alias Raju who was booked by Jammu Police under PITNDPS.

The petitioner aggrieved of the order of detention bearing No. PITNDPS 09 of 2023 dated 19.04.2023 issued by the respondent No. 2 (hereinafter to be referred as “the detaining authority”) under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, “the PITNDPS Act), the petitioner has filed the instant petition for quashing of the same.

Justice Rajnesh Oswal after hearing Adv Navyug Sethi for the petitioner whereas AAG Amit Gupta for the UT, observed that 11. The allegations levelled against the petitioner in all the three FIRs relied upon by the respondents are in respect of recovery of intermediate quantity of the contraband and because of recovery of intermediate quantity of contraband, the petitioner was enlarged on bail in all the three FIRs. The petitioner figures as accused in one FIR in the year 2021 and two FIRs in quick succession in the year 2023. Had the ordinary law been sufficient to deal with such situation, the position would have been different. The mere fact that the petitioner has been found to be involved in three FIRs itself makes it evident that the ordinary law has miserably failed to put the brakes to the illegal activities of the petitioner. Otherwise also, the illegal activities were not committed by the petitioner in ordinary course of his business and in full public view which would have been taken care of by the ordinary law of the land but clandestinely. It was because of inapplicability of Section 37 of the NDPS Act, the petitioner has been able to secure bail. Even the challenge thrown to the orders grating bail would have been futile.


Court further observed that the petitioner was released on temporary bail for a period of 13 days w.e.f.15.09.2023 and he was directed to surrender before the In-charge of the concerned Jail. After his release, the petitioner had absconded and the Jail Authorities intimated the court that the petitioner did not surrender, as such the non-bailable warrants were issued against the petitioner vide order dated 04.10.2023. The non-bailable warrants remained un-executed till 16.01.2024, as the petitioner absconded. He could be detained only on 16.01.2024. The petitioner has shown scant respect to the order passed by the court and as such he deserves no sympathy, despite the fact that he was granted interim bail due to demise of his son. Viewed thus, there is no merit in the present writ petition. The same is, accordingly, dismissed, Court ordered. JNF