Bail Denied in Heroin Smuggling Case: Supreme Court Upholds NIA's Decision

The case of Ramjhan Gani Palani vs. National Investigating Agency & Anr. revolves around a large-scale narcotics smuggling operation intercepted near Jakhau Port, Gujarat. The petitioner was accused of coordinating with Pakistani nationals for the illegal transport of 236.622 kilograms of heroin into Indian waters. The Supreme Court upheld the Gujarat High Court’s decision to deny bail, citing the seriousness of the allegations under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Background of the Case

The case originated when the Directorate of Revenue Intelligence (DRI), acting on intelligence inputs, intercepted a Pakistani boat attempting to smuggle narcotics into Indian waters. The Indian Coast Guard apprehended six Pakistani crew members, who admitted to dumping a significant quantity of heroin into the sea before capture. A total of 236.622 kilograms of heroin was seized.

During interrogation, the Pakistani captain disclosed that they were to establish contact with an Indian counterpart through a pre-arranged call sign, “Mohammed-Ramzan-Ramzan.” This led the investigating agencies to Ramjhan Gani Palani, who was allegedly waiting on an Indian fishing boat to receive the consignment.

Key Facts

The Pakistani boat was intercepted on May 21, 2019, and the narcotics were recovered on May 22, 2019.
The total seized heroin weighed 236.622 kilograms, divided into 211 packets.
Investigators claimed that Palani responded to the Coast Guard’s test call using the phrase “Ramzan-haan bolo” on the designated maritime frequency.
The boat occupied by Palani and his crew had no significant fish catch despite spending multiple days at sea, raising suspicions.
Palani was arrested on May 26, 2019, and subsequently charged under various sections of the NDPS Act, UAPA, and the Indian Penal Code (IPC).

Legal Charges

The petitioner was booked under multiple legal provisions, including:

Sections 120-B, 121-A, 122 of IPC: Criminal conspiracy, waging war against the nation.
Sections 17, 18, 18-B, 20 of UAPA: Terror financing and conspiracy to commit terrorist acts.
Sections 2, 8, 16, 17, 18, 23, 24, 29, and 32(B)(e) of NDPS Act: Import and possession of commercial quantities of narcotics.

Arguments of the Petitioner (Ramjhan Gani Palani)

The petitioner argued that he was a victim of unfortunate coincidence, being at the wrong place at the wrong time.
He claimed he was a legitimate fisherman and had spent several days at sea searching for high-value fish, such as Ghol fish (also known as “sea gold”).
His response to the Coast Guard’s radio call—“Ramzan-haan bolo”—was not an admission of involvement, as his real name contained “Ramjhan.”
He highlighted that out of 12 crew members on his boat, he alone was arrested and charged.
Since charges were framed in 2020 and the trial was pending, he requested bail under the principle of “bail is the rule, jail is the exception.”

Arguments of the Respondents (National Investigating Agency – NIA)

The NIA contended that Palani was the designated Indian receiver for the heroin consignment.
His boat was suspiciously clean, with little evidence of actual fishing activity.
The Pakistani captain had clearly stated that a delivery was planned with an Indian counterpart, and Palani matched the provided description.
The case involved serious offenses related to international narcotics smuggling and funding terrorism.
The investigating agency had already filed a charge sheet, and further inquiry into links with absconding Pakistani nationals was ongoing.

Supreme Court’s Ruling

The Supreme Court, comprising Chief Justice N.V. Ramana, Justice Krishna Murari, and Justice Hima Kohli, upheld the lower courts’ decision to deny bail. The Court made the following key observations:

1. Seriousness of the Offense Justifies Continued Custody

The Court emphasized that narcotics smuggling is a grave crime linked to terror financing and national security threats. It stated:

“The quantity of heroin seized, the international smuggling route, and the petitioner’s suspicious conduct establish a prima facie case requiring continued detention.”

2. Bail Cannot Be Granted Solely Due to Trial Delays

The Court rejected the petitioner’s plea for bail on the grounds of delay:

“Considering the nature of the offense, the stage of trial, and the ongoing investigation into absconding accused, bail cannot be granted at this stage.”

3. Burden of Proof Under NDPS Act

Referring to previous rulings, the Court reiterated that under the NDPS Act:

“Once the prosecution establishes a prima facie case, the accused must prove that they are not guilty. The burden shifts to the accused, unlike in regular criminal trials.”

Final Judgment

The Supreme Court dismissed the bail petition.
It ruled that Palani must remain in custody given the serious nature of the allegations.
The trial court was directed to expedite proceedings but not compromise national security interests.

Impact of the Judgment

Reaffirms that narcotics smuggling cases linked to international networks are considered high-risk.
Establishes a precedent that mere delay in trial does not entitle an accused to bail in serious offenses.
Clarifies that individuals suspected of aiding cross-border smuggling can be denied bail under UAPA and NDPS Act provisions.

Conclusion

The Supreme Court’s ruling in Ramjhan Gani Palani vs. National Investigating Agency strengthens India’s stance against international narcotics smuggling. The judgment highlights the importance of security concerns and ensures that accused individuals in serious offenses do not exploit procedural delays to secure bail.

Petitioner Name: Ramjhan Gani Palani.
Respondent Name: National Investigating Agency & Anr..
Judgment By: Justice N.V. Ramana, Justice Krishna Murari, Justice Hima Kohli.
Place Of Incident: Jakhau Port, Gujarat.
Judgment Date: 27-04-2022.

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