J&K High Court denies bail to juvenile in narco-terror case

The J&K and Ladakh High Court has rejected the bail plea of a juvenile in a case related to smuggling of narcotics.

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The accused in the case, who was a minor at the time of arrest, was declared to be tried as an adult owing to the grave nature of the offences as assessed by the Juvenile Justice Board.

While rejecting the bail application, Justice Rajesh Sekhri observed that narco-terrorism is no longer confined to drug-weapon smuggling. He stated that the use of narcotics as a terror currency and the cross-border smuggling of drugs and terror activities have become a new front of proxy war, unleashed by the adversaries from across the border.

During the investigation, it came to the light that the accused was actively involved in the narco-terror module that used to bring drugs and weapons from Pakistan into the Indian territory. The main kingpin of this module has been identified with the code named Rana, a resident of Pakistan.

The case involves the accused who was apprehended by Samba police and was charged under Unlawful Activities (Prevention) Act (UAPA), NDPS Act, Arms Act, Foreigners Act and Enemy Agents Ordinance.

Justice Sekhri said, “Although Section 12(1) of the JJ Act provides that a juvenile should be released on bail, the law includes a proviso allowing bail to be denied if the child may be brought into association with known criminals, may be exposed to moral, physical or psychological danger and the release may defeat the ends of justice”. The Court pointed out that despite being declared to be tried as an adult does not alter the petitioner’s juvenile status in principle, but the gravity of his actions demands stricter judicial scrutiny.