SC Denies Bail to Fisherman Booked Under UAPA, NDPS Act for Smuggling Narcotics from Pakistan

Bail denied LAWINSIDER

Shivani Thakur

Published on: May 4, 2022 at 17:54 IST

The Supreme Court refused to grant Bail to a Gujarat-based Fisherman booked under Unlawful Activities (Prevention) Act (UAPA) and Narcotic Drugs and Psychotropic Substances Act (NDPS Act) after he allegedly attempted to Smuggle Narcotic substances from Pakistan.

A Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli observed that,

The Petitioner would be entitled to justify his presence in the fishing boat, at the scene of crime which is sought to be described as a sheer coincidence during the Trial.”

“The explanation offered by the petitioner of having responded to the call ‘Mohammed-Mohammed-Ramzan-Ramzan’, would also be available to him at that stage. But at the threshold, this appears to be a Case where he has been fishing in troubled waters and as per the National Investigation Agency, has got caught in his own net,

The Charge-sheet was filed by the National Investigation Agency (NIA) and nine Pakistanis involved were still absconding even as further Investigation is on.

The Petitioner has been charge-sheeted for a serious Offence where the minimum Punishment prescribed is of ten years. We are, therefore, not inclined to exercise our discretion in favour of the Petitioner by interfering with the Impugned Order, at present,” the Bench stated.

The Court was hearing a Plea filed by Accused Ramjhan Palani against an Order of Gujarat High Court denying him Bail. The High Court had upheld the Special Court Order rejecting Palani’s Bail Plea.

Ramjhan argued that he had no Antecedents, and the Authorities did not Arrest the 12 crew members on his ship but chose to Arrest him alone.

The prosecution in Ramjhan’s appeal pointed out that serious offences have been invoked against Ramjhan and he should not be granted Bail.

The Apex Court concluded that there was “Prima Facie” sufficient material on record to deny him Bail.

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