Drugs case: Court rejects deportation plea of 8 Pak nationals

A special court here has rejectedthe deportation plea of eight Pakistani nationals, who werenabbed by the Indian Coast Guard off Gujarat coast with a boatallegedly carrying over 200 kg of heroin in 2015.

The accused, who are facing trial under Narcotic Drugsand Psychotropic Substances (NDPS) Act, sought deportationfrom India to Karachi, Pakistan on the ground that the courthad no territorial jurisdiction to try the case.

While the plea was rejected on Monday, the detailedorder was made available on Tuesday.

The accused had been apprehended with 232 kg of heroinworth Rs 6.96 crore by the Coast Guard and were later handedover to Yellowgate police station in south Mumbai.

The petitioner's lawyer had argued the accused wereapprehended from international waters when they were found ona boat allegedly carrying heroin.

He further submitted according to the testimony of aprosecution witness that the said boat was found 157 nauticalmiles away from Mitha Port (in Gujarat), which is closestIndian port from the said location.

Thus, the point of interception of the boat was beyondthe territorial limits of the jurisdiction of India, hestated.

He further said that when the accused were firstproduced before a court at Porbandar (Gujarat) in 2015, it hadobserved that Indian courts have no territorial jurisdictionto try the alleged offences committed by foreign nationals ona foreign vessel outside the territorial jurisdiction ofIndia.

Hence, if the trial is proceeded further, it wouldvitiate the same on account of want of jurisdiction to thiscourt, he added.

However, the prosecution strongly opposed thedeportation plea, stating that the territorial waters of Indiacontinued up to continental shelf, exclusive economic zone andother as per the Maritime Act 1976.

As per a provision of the Act, there is an ExclusiveEconomic Zone of India, which is an area beyond and adjacentto the territorial waters, and limit of such zone is 200nautical miles.

He further argued that there is a resolution adoptedby the United Nations Conference for adoption of a conventionagainst illicit traffic in Narcotic Drugs and PsychotropicSubstances, 1988.

''Article 4 (b) (iii) of the said Resolution clearlymentions that, the offence committed outside its territorywith a view to the commission of any offence within itsterritory shall be covered,'' he said.

Special judge V V Vidhwans after consideringsubmissions of both the sides rejected the plea, terming it as''premature'' at this stage.

Considering seriousness of the offences, the quantityof the narcotics allegedly seized from the boat and that theaspect of national security is involved, it will be proper togive the prosecution reasonable opportunity to prove theaspect of jurisdiction of court and its case on merits, thecourt added.