‘Narcotics as terror currency is new proxy war’: Jammu and Kashmir HC denies bail to juvenile | India News

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.

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

“Narco-terrorism is no longer confined to drug-weapon smuggling,” Justice Sekhri observed, adding that the “use of narcotics as a terror currency and the cross-border smuggling of narcotics and terror activities have, of late, become a new front of proxy war, unleashed by the adversaries from across the border”.

“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 observed, adding the petitioner cannot be allowed “to take benefit of the beneficial legislation to defeat the ends of justice” as he is allegedly found to be “actively assisting and participating in the activities of an organised narco-terror module along with his associates”.

Dismissing the petition, the judge further pointed out that 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 trial court invoked all the three exceptions citing the transnational character of the crime, the accused’s direct involvement and the security implications, he said, adding: “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”.

According to investigators, the petitioner 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. However, three of these Pakistani smugglers were killed by BSF troops during the encounter on February 6, 2022, they say.

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. According to investigators. 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.

According to investigators, a co-accused named Gurpreet Singh alias Billa, who they identified as a major member of the gang, 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.