SRINAGAR: The High Court of Jammu and Kashmir and Ladakh rejected the bail appeal of Arshad Ahmed Allaie, a resident of Sangam, Shopian, accused in a case involving cross-border narcotics trafficking and terror financing. The case is being investigated under the stringent provisions of the NDPS Act and the Unlawful Activities (Prevention) Act (UAPA).
A division bench comprising Justices Shahzad Azeem and Sindhu Sharma dismissed Criminal Appeal No. 8/2025, challenging the 2024 order of the 3rd Additional Sessions Judge, Jammu (Designated TADA/POTA Court), which had denied bail to Allaie.
The court cited the “grave nature” of the allegations and observed that prima facie material indicated Allaie’s involvement in receiving large consignments of heroin smuggled from Pakistan and channeling the proceeds through hawala networks to finance terrorism in Jammu & Kashmir. Notably, 260 grams of heroin and ₹12 lakh in cash were recovered from his vehicle in 2019.
The judgment noted that Allaie was allegedly working under the instructions of Pakistan-based terrorists and smugglers, coordinating with operatives such as Naseer Ahmed and Aijaz Ahmed alias Ranga, both believed to be trained militants operating from Rawalpindi. Further disclosures during the investigation revealed that funds were routed to Hizbul Mujahideen operatives via a network involving hawala agents and local handlers.
The bench emphasised the strict bail provisions under Section 43-D(5) of the UAPA and Section 37 of the NDPS Act, noting that the charges framed include Sections 13, 17, 21, 39, and 40 of the UAPA, and Sections 8, 21, 22, and 29 of the NDPS Act.
“Involvement of the accused in transnational narco-terrorism, with proceeds used to fund terror activities, is a serious threat to national security. Granting bail in such cases would send a wrong signal,” the court observed.
The court also criticised the trial court for erroneously granting bail to co-accused Fayaz Ahmed without applying the mandatory provisions of the NDPS Act. It recommended administrative action and directed the Director General of Police (DGP) to take appropriate steps.
The matter has been listed for compliance by the Registrar General, and the prosecution has been directed to initiate corrective legal measures regarding the co-accused’s bail. (JKNS)
