Bombay HC: Pakistani Nationals Appeal 20-Year NDPS Sentence, Challenge Jurisdiction Over 2015 Heroin Seizure

Mumbai: Seven of eight Pakistani nationals who were recently sentenced to 20 years in prison in a drugs case have appealed the verdict in the Bombay High Court.

A special court handed the eight Pakistanis the maximum jail term under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in January. They were intercepted by the Indian Coast Guard (ICG) along with 232 kilos of heroin, worth Rs 6.93 crore, in 2015.

In the appeal, filed through their lawyer Anil Lalla, the Pakistanis have claimed that Indian courts have no jurisdiction to prosecute them as their boat was not in Indian waters. According to the prosecution, on April 21, 2015, an ICG vessel, ‘Sangram’, was patrolling the National Maritime Border in Gujarat.

At around 3.10am, it intercepted a boat, which was not flying any flag, around 157 nautical miles from Mithapur, Gujarat. The vessel, identified as ‘Al Yasir’ was registered in Pakistan and carried eight Pakistani nationals. It had 11 drums containing 232 kilos of heroin. The Pakistanis were escorted to Porbandar the next day and a case was lodged against them.

The Pakistanis were identified as: Alibaksh Khashkeli, Maksood Masim, Mohammed Baksh Natho, Mohammed Ahmad Mohd Inayat, Mohammed Younus Haji Mohammed Sumar Sindhi, Yousuf Abdulla Gagawani, Mohammed Gulhasan Maulabksh Baloch and Gulhasan Mohammed Siddhiq Sadhi.

The appeal states that the boat did not enter Indian jurisdiction. The defence had claimed that ICG officials in their cross-examination had admitted that it was moving towards Indian water.

India’s maritime boundary extends 12 nautical miles and is applicable “to all persons on ships and aircraft registered in India where ever they may be. The boat Al Yasir was not registered in India nor did the boat enter the territorial waters of India... therefore provisions of NDPS Act, 1985, was inapplicable to this case”, the appeal reads.

The appeal stated that the accused were not in conscious possession of the drugs. It was contended that they knew they were carrying some chemicals, but were unaware that they were drugs.

“They were not aware of its nature, which shows that the appellants were not in conscious possession of seized heroin and that they were being used as carriers by their bosses stationed in Pakistan. Moreover, the appellants come from very humble background although the heroin allegedly seized from their possession was worth crores of rupees, which was far beyond their financial capacity to hold or posses,” the appeal reads.