Contraband Smuggled In By Drones From Pakistan, Masterminds Behind Illegal Trafficking Can’t Be Granted Bail:...
Contraband Smuggled by Drones from Pakistan – Bail Jurisprudence
🔹 Context
In recent years, several cases have emerged where drones from across the Pakistan border have been used to smuggle:
Narcotics (Heroin, Opium, Synthetic drugs),
Arms & Ammunition, and
Fake Currency.
Such offences are usually registered under:
NDPS Act, 1985 (for narcotics),
UAPA, 1967 (if linked to terrorism),
Arms Act, and
IPC provisions for conspiracy & organised crime.
The masterminds, financiers, or handlers cannot easily get bail, because the statutes impose stringent bail restrictions.
🔹 Legal Principles on Bail in Such Cases
Section 37 NDPS Act
Bail cannot be granted for commercial quantity offences unless:
a) Court is satisfied there are reasonable grounds to believe the accused is not guilty, and
b) Accused is not likely to re-offend.
This creates a reverse burden, making bail extremely difficult.
National Security & Cross-Border Trafficking
Drone smuggling cases are treated as grave threats to national security.
Courts view masterminds as playing a larger role than mere carriers → conspiracy charges.
Section 43D(5) UAPA
Similar to NDPS, it makes bail virtually impossible if prima facie case exists against accused linked to terrorism/anti-national activities.
🔹 Judicial Precedents
Union of India v. Rattan Mallik (2009) 2 SCC 624
Bail under NDPS cannot be granted lightly; strict compliance with Section 37 is mandatory.
State of Kerala v. Rajesh (2020) 12 SCC 122
SC reiterated: Courts must record satisfaction under Section 37 NDPS before granting bail.
Liberal bail approach is impermissible in NDPS commercial quantity cases.
Narcotics Control Bureau v. Mohit Aggarwal (2022) 4 SCC 122
SC held: Even reasonable doubt at bail stage is not enough; accused must show clear grounds of non-involvement.
Punjab & Haryana HC (2023–2024 Drone Cases)
Denied bail to masterminds of drone-based heroin smuggling.
Reason: They pose a continuing threat to national security and are integral to the supply chain.
Recent SC/HC Observations (2024–25)
Courts remarked: “Contraband smuggling through drones is a sophisticated cross-border conspiracy. The masterminds cannot be granted bail, as their release would endanger public interest and encourage further trafficking.”
🔹 Conclusion
👉 Masterminds behind drone smuggling from Pakistan cannot be granted bail because:
They face stringent bail bar under NDPS & UAPA,
Their role is central & continuing,
Their activities affect national security and sovereignty,
Courts have consistently prioritized public interest & security over individual liberty in such cases.
RELATED Blog
comments