Indian Drugs Mafia Active In Smuggling From Pakistan: Punjab & Haryana High Court Suggests Coordination With MEA In Cases Involving Foreigners

The Punjab & Haryana High Court has held that the trend of heroin being smuggled by the Indian Drugs Mafia from Pakistan’s border is getting more noticeable and investigation agencies must coordinate with the Ministry of External Affairs on cases involving foreigners.

The Court was considering a Bail Petition in an FIR registered under Sections 21(c), 27A, 25, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Bench of Justice Anoop Chitkara observed, "The Court’s dockets have ever-increasing cases under the NDPS Act, 1985, and these days, the trend of heroin being smuggled by the Indian Drugs Mafia from Pakistan’s border is also more noticeable. Today, even the most advanced nations of the world are finding it increasingly difficult to counter and control the rising menace of illicit drug trafficking and resultant drug abuse. Thus, one step, that might be helpful to control the drug menace can be that whenever there is any involvement of foreign Nationals operating from foreign land, or drugs operations from outside India, when the quantity of drugs is significant, the senior officers from the rank of SSP and above must communicate the gist of investigation along with the information about such foreign National to the Ministry of Foreign Affairs. It is for the Ministry to consider whether to forward such details and information to the countries from which these criminals and mafias had carried out their operations."

The Petitioner was represented by Advocate Suram Singh Rana, while the Respondent was represented by Additional Advocate General Akshay Kumar.

Facts of the Case

In June 2024, based on a chance recovery, the Police seized 01 kg of heroin from the possession of co-accused and the Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and the CrPC, 1973. During the investigation, the accused disclosed that he used to procure heroin from Amritsar and Tarn Taran under the instructions of one Lucky, who is presently residing in the USA. The accused also disclosed that after delivering heroin to customers, he used to hand over drug proceeds to Lucky’s wife, and had also sold heroin to the present Petitioner.

Counsel for the Petitioner prayed for bail by imposing any stringent conditions and contended that further pre-trial incarceration would cause an irreversible injustice to the Petitioner and their family.

Reasoning By Court

The Court at the outset noted that the Petitioner is not entitled to bail on the ground that she is a woman, and although the recovery is not from the Petitioner, there is sufficient prima-facie digital evidence connecting the Petitioner with the main accused from whom 1 kg of heroin was recovered.

"The quantity allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The petitioner must satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act", the Court observed.

It further stated that the Petitioner has not stated anything in the Bail Petition to discharge the burden put by the stringent conditions placed in the statute by the legislature under section 37 of the NDPS Act

"The investigation reveals sufficient prima facie evidence to connect the petitioner with the crime; thus, the petitioner fails to make out a case for bail. Any detailed discussions about the evidence may prejudice the case of the petitioner, the State, or the other accused", the Court observed.

The Petition was accordingly dismissed.

Cause Title: Seema vs. State of Punjab (2025:PHHC:115235)

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