Punjab & Haryana HC grants bail to 4 men held over plot to transfer heroin proceeds to Hizbul Mujahideen

As per the prosecution, on April 25, 2020, the Amritsar police received information about the presence of Hilal Ahmad Shergojari—an alleged Hizbul Mujahideen member and accomplice of Riyaz Ahmed Naikoo, district commander of the terrorist outfit in Pulwama—along with an accomplice in a truck. An FIR was registered under the Unlawful Activities (Prevention) Act and the police arrested Hilal Ahmad and allegedly seized Rs 29 lakh from him. The matter was later referred to the NIA.

Among the 11 people accused in the NIA case, Gursant Singh, Manpreet Singh, Hilal Ahmad Shergoji, and Bikram Singh, moved the high court after a special NIA court in Mohali dismissed their bail petition.

Their counsel argued that almost all appellants had been in custody for almost four years and that there was no possibility of the trial ending in the near future, adding that only one of the 209 prosecution witnesses had been fully examined till date.

The NIA counsel, however, contended that as per sections 43D of the UAPA and 37 of the NDPS Act, the appellants could not be released on bail. It was further argued that their antecedents were doubtful as they were involved in other cases and that they might get involved in similar activities again if released on bail.

The bench said, “There is no recovery of narcotic drugs from appellants except Bikramjit Singh, though there are serious allegations that they transported or collected or delivered huge quantity of heroin and proceeds of crime from one place to another place. There is no attachment of property though there are allegations that they have made properties out of proceeds of crime. The respondent under UAPA as well NDPS Act has failed to attach properties derived from proceeds of crime. The appellants except Hilal Ahmad are residents of State of Punjab and having family.”

“…there is an allegation of collection of cash and delivery thereof during April 2020 when the entire country was facing complete lockdown. It seems difficult to believe that appellant Gursant Singh during lockdown was able to freely move especially in a big city which is Amritsar…,” read the order.

The bench said that except for Hilal Ahmad, the accused are not guilty of commission of an offence under the UAPA. The NIA has invoked UAPA charges against the four accused except for Manpreet Singh.

The bench further said the four accused had been in judicial custody for almost four years, which it said were sufficient to snap their links with their associates. Thus, there is compliance of intent and purport of section 37 of the NDPS Act, the bench said.

The four accused were thus granted bail on a bond of Rs 10 lakh with two sureties of Rs 10 lakh each.