There are serious allegations pertaining to attempt to revive terrorism in state of Punjab: HC while dismissing Petition for quashing FIR

Read Order: JASMEET SINGH HAKIMZADA V/S NATIONAL INVESTIGATION AGENCY 

Tulip Kanth

Chandigarh, November 18,2021: In a case pertaining to the Unlawful Activities (Prevention) Act, 1967 and the NDPS Act, the Punjab and Haryana High Court has held that no reasonable ground is made out for quashing the FIR or charge-sheet or the consequential proceedings as there are serious allegations with regard to attempt to destabilize the national security, sovereignty and to disrupt the communal harmony as well as reviving terrorism in the state of Punjab.

The Division Bench of Justice Tejinder Singh Dhindsa and Justice Vivek Puri opined that the inflow of drugs is harming the youth/population of the State. 

The petitioner had invoked the inherent powers of this Court under Section 482 of the Code of Criminal Procedure for quashing the FIR registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act at Police Station Tarsikka, District Amritsar (Rural) and a re-registered FIR under various sections of the Indian Penal Code, the Unlawful Activities Prevention Act, 1967 and NDPS Act and first supplementary charge-sheet along with the consequential proceedings arising therefrom against him before the Special Court of NIA cases, Mohali, Punjab.

The brief background of the case was to the effect that in pursuance of a secret information received at Police Station Tarsikka, Amritsar (Rural), District Amritsar, Jajbir Singh Samra, Harpreet Singh @ Happy and Varinder Singh Chahal were apprehended while travelling in a car and 500 Gms of heroin was recovered from them. During investigation of the case, two hand grenades manufactured by Pakistan Armed Forces were also recovered.

Later, Accordingly, National Investigation Agency re-registered the case.The allegations against the petitioner and the other accused were to the effect that they had adopted alternative remittance channels to send off the proceeds of heroin generated in Punjab to Dubai as a part of conspiracy. 

Expounding on the law, pertaining to Section 482 of the Code of Criminal Procedure,the Bench stated that the powers under this section are extraordinary in nature and are required to be exercised with a view to secure justice. The powers are not intended to be used to obstruct justice or cause impediment in its dispensation. The inherent powers vested in the High Court are required to be exercised in exceptional cases to prevent a miscarriage of justice and abuse of the process of Court or otherwise secure ends of justice. 

The Court also noted that the power of quashing the criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of rare cases. The Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations as set out in FIR/complaint/charge-sheet. The inherent powers cannot be allowed to be exercised to stifle or hamper a legitimate prosecution.

Herein, the National Investigation Agency was entrusted with the investigation and the case was re-registered. During investigation it had emerged that the accused were indulging in narco terror network to strengthen the terrorist activities of Khalistan Liberation Force through drug smugglers/militant elements and Hawala operatives. 

It had also revealed that huge consignments of heroin were transported from Pakistan. The accused persons were running a narco terror network and involved in buying and selling of huge quantity of heroin and further channelising the proceeds through non-banking channels of Hawala operators to Dubai and possibly to Pakistan and were also involved in sending weapons, grenades and their movement and storage for committing terrorist acts in India which were detrimental to the interest and integrity of the country, observed the Bench.

The disclosures made by other accused persons revealed that they were in direct contact with the petitioner and were involved in channelising the proceeds of drugs through Hawala. During investigation it had also transpired that the accused were frequently in touch with each and other directly or indirectly through mobile communications. The antecedents of the petitioner were also looked into and it had emerged that he has been running a global drugs trafficking and money laundering network and has been involved in smuggling of heroin and psychotropic substances around the world.

It was also mentioned that the petitioner in connivance with the co-accused has been  running a narco terror network through the drug smugglers and indulging in Hawala operations. The accused were involved in buying and selling of heroin and further channelising the drug money through non-banking channels of Hawala operators to Dubai and possibly to Pakistan for funding terrorist activities. 

The Bench went on to add that some of the accused persons were also involved in movement and storage of grenades with an intention of committing terrorist act in India adversely affecting the interest and integrity of the country. 

“There are serious allegations with regard to attempt to destabilize the national security, sovereignty and to disrupt the communal harmony as well as reviving terrorism in the state of Punjab. The inflow of drugs is harming the youth/population of the State. The entire conspiracy has been hatched in association with the petitioner who is involved in smuggling of heroin and psychotropic substances around the world”, said the Bench.

Thus, the High Court dismissed the Petition.