Delhi HC denies bail to alleged narco-terrorist linked to ISI and Khalistani extremists
Justice Subramonium Prasad [04-07-2024]

Read Order: MD. AYUB PATHAN v. THE STATE OF NCT DELHI [DEL HC - BAIL APPLN. 2258/2024]

LE Correspondent

New Delhi, July 17, 2024: The Delhi High Court has rejected the bail plea of Md. Ayub Pathan, who was arrested in connection with a case involving narco-terrorism and alleged links to Pakistan's ISI and Khalistani extremist groups.

According to the FIR, the Special Cell of Delhi Police received information that ISI, through its K2 desk (Kashmir - Khalistan), had been funding targeted killings of Hindu right-wing leaders using proceeds from drug trafficking. The drugs were allegedly being pushed by Hizbul Mujahiddin cadres and over-ground workers based in Kashmir, and supplied to their Khalistani counterparts in Punjab for distribution.

The police apprehended Pathan along with four others in a raid on December 7, 2020. Pathan and another accused, Shabir Ahmad Gojri, were found carrying backpacks containing a total of over 1.7 kg of heroin, which is considered a commercial quantity under the NDPS Act. The other three accused - Gurjit Singh Bhaa, Sukhdeep Singh Bhura, and Reyaz Ahmad Rather - were allegedly carrying pistols and opened fire on the police to evade arrest.

Pathan had approached the High Court seeking regular bail till the pendency of the case. However, A single-judge bench of Justice Subramonium Prasad noted that under Section 37 of the NDPS Act, bail can be granted only when there are reasonable grounds to believe that the accused is not guilty and is unlikely to commit any offense while on bail.

The high court observed that Pathan was found with persons who are now being tried under the Unlawful Activities (Prevention) Act, and that the co-accused had fired several rounds at the police before being apprehended. Given the commercial quantity of heroin recovered and the sequence of events, the court opined that there are reasonable grounds to believe Pathan is guilty under the NDPS Act and likely to abscond and commit further offenses if released. Rejecting Pathan's bail plea, the High Court dismissed the application along with any pending applications.