Excelsior Correspondent
JAMMU, July 15: In a judgment that reflects the judiciary’s growing concern over the nexus between drug trafficking and terrorism, the High Court of Jammu & Kashmir and Ladakh has denied bail to a juvenile accused in a narco-terrorism case, holding that his release would expose him to criminal elements, endanger him morally and psychologically and ultimately “defeat the ends of justice”.
The case involves Manpreet Singh alias Manni, who was apprehended in connection with FIR No. 21/2022 at Police Station Samba, involving charges under multiple stringent laws including the Unlawful Activities (Prevention) Act (UAPA), NDPS Act, Arms Act, Foreigners Act and Enemy Agents Ordinance.
The accused, though under 18 at the time of arrest, was declared to be tried as an adult owing to the grave nature of the offences and his level of maturity as assessed by the Juvenile Justice Board.
The case was adjudicated by Justice Rajesh Sekhri, who upheld the decision of the trial court to deny bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Advocates Vasudha Sharma and Danish Manhas appeared for the accused while as Senior Additional Advocate General Monika Kohli appeared for the UT of J&K and others.
“Although Section 12(1) of the JJ Act provides that a juvenile should be released on bail, the law 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”, Justice Sekhri said.
Stating that the trial court invoked all the three exceptions citing the transnational character of the crime, the accused’s direct involvement and the security implications, the High Court said, “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”.
The High Court emphasized 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. 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”, the High Court observed.
Justice Sekhri further said, “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”, adding “the petitioner is allegedly found to be actively assisting and participating in the activities of an organized narco-terror module along with his associates. Therefore, he cannot be allowed to take benefit of the beneficial legislation to defeat the ends of justice”.
With these observations, the High Court dismissed the petition.
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