Punjab and Haryana High Court Denies Anticipatory Bail to Alleged Drug Nexus Mastermind

Robert Masih's Petition Dismissed Amidst Serious Allegations of Smuggling Heroin from Pakistan via Drones

In a significant ruling, the Punjab and Haryana High Court has denied anticipatory bail to Robert Masih, who is alleged to be the mastermind behind a drug smuggling operation involving heroin transported from Pakistan using drones. The judgment, delivered by Justice Rupinderjit Chahal, emphasizes the gravity of the allegations and the necessity for custodial interrogation to ensure a fair and effective investigation.

Masih, declared a proclaimed offender, is accused of being part of an intricate drug nexus with connections across the India-Pakistan border. The court noted that the commercial quantity of heroin recovered from his co-accused, Harjit Singh alias Jeeta, was allegedly meant for Masih, further implicating him in the operation. The prosecution argued that Masih's custodial interrogation is essential to uncover the full extent of the drug network, recover crucial evidence such as drones and communication devices, and understand his role in the ongoing smuggling activities.

Masih's counsel, Mr. Ritesh Pandey, contended that his client was falsely implicated based solely on a co-accused's disclosure and that no direct recovery was made from him. Despite these arguments, the court highlighted the increasing threat posed by cross-border drone smuggling and the need for a thorough investigation.

Justice Chahal reiterated the principles set by the Supreme Court regarding anticipatory bail, stressing the balance between individual rights and societal interests. The court underscored the qualitative advantage of custodial interrogation over pre-arrest questioning, as established in the precedent of 'State v. Anil Sharma' (1997) 7 SCC 187.

The decision reflects a growing concern over drug trafficking routes exploiting technological advancements like drones, posing significant challenges to national security and societal well-being. The dismissal of Masih's petition signals a stringent approach by the judiciary towards combating such sophisticated criminal networks.

Bottom Line:

Anticipatory bail denied to petitioner accused of being part of a drug nexus smuggling heroin from Pakistan through drones, considering the seriousness of allegations and necessity for custodial interrogation. 

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21 and 29

Robert Masih v. State of Punjab, (Punjab and Haryana) : Law Finder Doc Id # 2790208