Punjab & Haryana High Court: Increasing Instances Of Drug Smuggling Through Drones From Across Border Threat To National Security

The Punjab & Haryana High Court has highlighted that increasing instances of drug smuggling through drones in India from across the border pose a grave threat to the security of the nation and are also impacting the youth of the nation.

The Court was considering a Petition seeking anticipatory bail in a case registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The bench of Justice Rupinderjit Chahal observed, "There is steady increase in cross border smuggling of illicit drugs through drones these days. The increasing instances of drug smuggling through drones in India from across the border i.e. Pakistan pose a grave threat not only to the security of the nation but also impacts the youth of the nation. The present petitioner is also declared proclaimed offender and there are number of other cases pending against him. Considering the gravity of the allegations, the custodial interrogation of the petitioner is required for fair and effective investigation in the matter...."

The Petitioner was represented by Advocate Ritesh Pandey.

Facts of the Case

The co-accused was in custody in FIR registered under Sections 3 and 4 of the Official Secrets Act, 1923, Sections 10, 11 and 12 of the Aircraft Act, 1934 and Sections 21 and 27-A of the NDPS Act, was interrogated in the case, who disclosed to the Police information on drug smuggling from cross the border. He also disclosed that the consignment was supplied from Pakistan through drone and the Petitioner used to give them money for the same.

Counsel for the Petitioner contended that the Petitioner has been falsely implicated in the present case and that neither the Petitioner was named in the FIR nor has any concern with the said offence. It was also contended that the Petitioner was nominated as an accused only on the basis of the disclosure statement made by co-accused and no recovery was to be effected from the Petitioner.

On the other hand, the State Counsel submitted that the allegations levelled against the Petitioner are serious in nature. He argued that commercial quantity of heroin has been recovered from the co-accused which was being transported from across the border from Pakistan through drone and the Petitioner was the person to whom the heroin was being supplied. He further argued that as per the investigation till date, the Petitioner was found to be member of drug nexus who smuggled heroin from Pakistan by using drones.

He further argued that custodial interrogation of the Petitioner was required to enquire about his role in the drug nexus and also in order to recover the drones, mobile devices, SIM cards, bank accounts etc. to unearth the drug nexus.

Reasoning By Court

The Court at the outset noted that the allegations against the Petitioner are serious in nature as the Petitioner was alleged to be mastermind of drugs supply chain from Pakistan and as per the investigation till date, he is found to be member of drug nexus who smuggled heroin from Pakistan by using drones.

It warned of the threats and impacts these increasing instances could have on our Nation and stressed that when considering bail, a Court has to equilibrate between safeguarding individual rights and protecting societal interests.

Referring to the Supreme Court's decision in State Vs. Anil Sharma, (1997), the Court declared the Petition as devoid of merit.

The Petition was accordingly dismissed.

Cause Title: Robert Masih v. State of Punjab (2025:PHHC:130860)

Click here to read/ download Order