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The Rajasthan High Court denied bail to an individual accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS) in a case involving the smuggling of drugs from Pakistan. The decision came after the bench, led by Justice Rajendra Prakash Soni, concluded that arguments regarding non-compliance with NDPS Act and CrPC provisions are irrelevant at the bail stage for cases of international drug smuggling.
The court noted that the petitioner’s arguments, which focused on alleged procedural lapses by the Border Security Force (BSF) and delays in lodging reports, could not be entertained at this preliminary stage. “On perusal of record, it is prima facie revealed that issues sought to be argued by the petitioner regarding alleged non-compliance of various provisions of NDPS Act and Cr.P.C. cannot be countenanced at this stage in such a case of international smuggling of contraband drug,” the court stated.
The case involved a mid-night operation where the BSF, acting on intelligence about potential smuggling from Pakistan, recovered five packets of contraband from the border area. Additionally, two Indian nationals, who were later arrested, were found to have been involved in the attempted drug pickup.
The court also highlighted the applicant’s questionable presence at the border during the drug drop and noted another ongoing NDPS trial involving the same individual. It underscored the severity of international drug trafficking, calling it a significant global threat that disrupts societal and governmental stability.
In light of these factors and the broader implications of international drug trafficking, the bail application was rejected, with the court emphasizing that procedural issues would be addressed during the trial.