‘Serious allegations of attempts to revive terror in Punjab’: HC won’t quash NIA case

The division Bench after hearing the arguments held that during investigation of NIA it had emerged that the accused were indulging in narco-terror network to strengthen the terrorist activities of Khalistan Liberation Force (KLF) through drug smugglers/militant elements and Hawala operatives.

The Punjab and Haryana High Court has dismissed the plea of an accused (presently in Dubai) seeking to quash UAPA and NDPS proceedings against him registered by the NIA in an international drug racket case.

The bench of Justice Tejinder Singh Dhindsa and Justice Vivek Puri, while dismissing the plea of accused Jasmeet Singh Hakimzada, said, “There are serious allegations with regard to attempt to destabilise 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.”

The petitioner, Hakimzada, through his counsel, had sought for quashing the FIR dated May 31, 2019 under Sections 21 and 29 of NDPS Act registered in Amritsar (Rural) and re-registered on January 22, 2020, under Sections 120-B of the IPC, Sections 13, 17, 18, 18-B, 38 and 40 of Unlawful Activities (Prevention Act, 1967) and Sections 27A and 29 of NDPS Act, and the first supplementary chargesheet along with the consequential proceedings against him submitted by the NIA.

As per prosecution, on May 31, 2019, Jajbir Singh Samra, Harpreet Singh alias Happy and Varinder Singh Chahal were apprehended with 500 gm of heroin. During investigation of the case, two hand grenades manufactured by Pakistan armed forces were also recovered. Later, NIA took over the case. Accordingly, NIA re-registered the case with the allegations that the petitioner (Hakimzada) and the other accused adopted alternative remittance channels to send off the proceeds of heroin generated in Punjab to Dubai as a part of conspiracy.

Hakimzada’s counsel argued before the HC that the NIA has made serious but baseless allegations against him alleging to be a drug smuggler based in Dubai and an associate of terrorist organisation. It was further argued that the allegations put forth against the petitioner were without any evidence and based upon false disclosure statements of other accused.

The division Bench after hearing the arguments held that during investigation of NIA it had emerged that the accused were indulging in narco-terror network to strengthen the terrorist activities of Khalistan Liberation Force (KLF) through drug smugglers/militant elements and Hawala operatives.

The court said that it had also been revealed that huge consignments of heroin were transported from Pakistan.

“The petitioner has been declared a proclaimed offender….quashing of the chargesheet qua him will amount to putting premium on the criminal arrogance on the part of the petitioner who is successful in evading the process of law till date.”, said the bench while dismissing the petition.

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