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The Punjab and Haryana High Court recently denied bail to a man, alleged to be a HAWALA operator, in a drug peddling and narco terrorism case. Allegedly, accused Amit Gambhir used to receive and transfer money at the instance of the kingpin of a racket pushing narcotics from Pakistan into India.

Refusing Gambhir's bail plea, the bench of Justice MS Ramachandra Rao and Justice HS Madaan said that "such type of persons, who threaten the integrity and security of India besides harming its financial interests need to be dealt with sternly so that persons thinking of indulging in such type of criminal acts are deterred from doing so."

Court stressed that the National Investigation Agency(NIA) had been able to collect substantial incriminating evidence against Gambhir, especially in the form of documents showing his involvement in the racket.

However, granting bail to two other accused, namely Nirbhail Singh and Jasbir Singh, respectively the driver and the owner of the truck alleged to have been used for transportation of narcotics from Pakistan to India, Court noted that the investigation agency failed to table sufficient incriminating material against the two. 

Gambhir was arrested on January 3, 2020 on the allegations of indulging in transactions by HAWALA sending funds to Dubai as part of proceeds from a drug racket. The arrest was made in connection with the seizure of a truck, in June 2019, carrying 532 kgs. of heroin in the garb of pink rock salt from Pakistan to India. 

Central Government, in July, transferred the investigation of the case to the NIA, which along with previous charges under the Customs Act, 1962 and NDPS Act, added charges under the Unlawful Activities (Prevention) Act against the accused persons. 

NIA alleged that a piece of secret information was received by the local police that a few residents of districts Amritsar, Mohali and Tarn Taran had formed a gang, which was involved in smuggling under the cover of doing business with Pakistan.

Allegedly, the gang was engaged in smuggling weapons, ammunition, gold, silver, heroin, smack, other drugs as well as fake currency, having links with Pakistani drug smugglers, namely, Farukh Lon, Sahil Khan and Amir Nur as well as intelligence agencies of Pakistan.

Thereafter, a case was registered under Sections 411, 414 IPC, 25 of Arms Act, 3/34/20 IPC Act, 14 F Act, 21, 22, 29 of NDPS Act, 489-A, 489-B, 489-C IPC and 3/4/5/9e Official Secret Act, 1923. In furtherance of the same, the truck, which was being driven by Nirbhail Singh, was seized and arrests were made. 

The Special Judge, NIA Punjab, SAS Nagar (Mohali) rejected the bail plea of Gambhir, Nirbhail Singh and Jasbir Singh in September, June and July 2019 respectively. Against the order of the Special Judge, the trio approached High Court. 

Before the High Court, NIA submitted that during the search of the residential house of Gambhir several incriminating articles in the form of mobile phones, 3 Sim cards, hard-disk, laptop and currency notes, both Indian as well as foreign, were recovered showing that he was a part of well-organized gang engaged in drug peddling and narco terrorism.

During the course of the investigation, it also came out that Gambhir had sent an amount of around Rs. 4 cores 20 lakhs, which were proceeds from contraband to Dubai on various occasions, NIA told the court.

"He was hiding information for a long time and was caught from the financial trail in the form of slips of transactions retrieved from his mobile phones and call records provided by devices and other witnesses," NIA counsel submitted. 

It also came to light that Gambhir, when his name appeared in the case, fled the country to Thailand and went to several countries before entering India again three months later. 

Taking note of the seriousness of the allegations and Gambhir's activities, Court found that if released, Gambhir may attempt to abscond and try to tamper with the prosecution evidence, therefore, it rejected his bail plea. However, it noted that nothing stated in the order, shall be construed as a final expression of opinion on the merits and the Special Court shall decide the matter uninfluenced.

Case Title: Amit Gambhir v. National Investigation Agency, New Delhi and 2 other cases