New Delhi, Sep 10: The Supreme Court on Thursday dismissed the plea filed by 1993 Mumbai serial blasts convict Abu Salem challenging his continued incarceration and seeking release on the ground that he had completed the maximum 25-year sentence after taking into account his undertrial detention and jail-earned remission.

A Bench of Justices Vikram Nath and Sandeep Mehta dismissed the petition after hearing the matter, which had been reserved for judgment on July 27.

Salem had claimed that his undertrial detention, post-conviction incarceration and jail-earned remission should be taken into account while computing the 25-year sentence, entitling him to release in view of the extradition assurance given by India to Portugal.

Abu Salem, currently lodged in Nashik Road Central Prison, had approached the Supreme Court against the Bombay High Court’s refusal to direct his immediate release.

The Bombay High Court, in its judgment pronounced on April 15, dismissed Salem’s plea, holding that the 25-year period fixed by the Supreme Court could not be reduced by ordinary prison remissions.

The High Court had held that the 25-year term constituted the substantive sentence that Salem was required to undergo and was “not a ceiling capable of reduction by application of ordinary prison remissions”.

A Division Bench of Justices A.S. Gadkari and Kamal Khata further held that Salem’s attempt to include “earned remissions” to shorten the 25-year period was “legally unsustainable”.

Salem was extradited from Portugal and brought to India in November 2005. He was arrested and produced before the TADA Court on November 11, 2005, in connection with the 1993 Mumbai blasts case. He was convicted in TADA Case No. 1 of 2006 in February 2015 and sentenced to life imprisonment. He was subsequently convicted in the 1993 Mumbai blasts case in September 2017 and sentenced to life imprisonment, with both sentences ordered to run concurrently.

The Supreme Court, while upholding his convictions in July 2022, commuted the life sentences to a total sentence of 25 years in view of the solemn sovereign assurance given by the Government of India to Portugal that Salem would not be subjected to imprisonment beyond 25 years.

The apex court had also directed the government to consider remission under Sections 432 and 433 of the CrPC one month prior to completion of the 25-year period.

Before the Bombay High Court, Salem claimed that he had earned nearly three years of remission for good conduct and that, after accounting for his undertrial detention and post-conviction incarceration, he had completed the 25-year period. However, the High Court held that remission earned under prison rules is administrative in nature and “does not ipso facto reduce the sentence imposed by a Court.”

It further observed that the 25-year period would expire in November 2030, reckoning it from his arrest on November 11, 2005. “There is no question the sovereign assurance of 25 years being further reduced on account of remissions earned,” the Bombay High Court said.

It also held that any exercise of statutory remission or reduction below the 25-year period could be considered only in accordance with the Supreme Court’s directions, adding that the executive’s duty to pass formal remission orders arises one month before completion of the said period.

Earlier, Salem approached the Supreme Court seeking premature release in terms of the extradition arrangement between India and Portugal.

In February, the top court had allowed him to withdraw that plea with liberty to seek an early hearing of the pending matter before the Bombay High Court.

Salem was extradited from Portugal to India in November 2005 and was subsequently convicted in two cases arising out of the 1993 Mumbai blasts. He was sentenced to life imprisonment in both cases, with the sentences ordered to run concurrently. In July 2022, the Supreme Court, while upholding his convictions, restricted his imprisonment to 25 years in view of the sovereign assurance given to Portugal.

Jammu, Sep 10: Officials of the Narcotics Control Bureau (NCB) said on Thursday that the drug trafficking accused, who had escaped from custody in J&K’s Jammu city on September 7, has been re-arrested.

The officials said the NCB, in coordination with the Jammu and Kashmir Police and Punjab Police, has re-arrested the drug trafficking accused, who had fled from custody in Jammu.

The accused had fled from Jammu and travelled towards Jalandhar via the Pathankot route, the officials said. He allegedly took shelter in a forested area near Narwal Fruit Mandi before altering his appearance by shaving his beard and changing his clothes.

The official said that following a three-day search and tracking operation across Jammu and Kashmir and Punjab, a joint team of NCB Jammu, NCB Amritsar, NCB Chandigarh and Punjab Police traced and apprehended him in Jalandhar.

The accused was identified as Aqib Bashir.

“The accused was preparing to move towards Delhi or another state when he was apprehended.

“The accused used his contacts in Jalandhar to seek shelter and evade the search teams. Intelligence inputs and field efforts helped the agencies track his location. Aqib Bashir was arrested when he was preparing to move towards Delhi or another state.

“His initial arrest was part of a month-long operation by the NCB in the Jammu division, which exposed two distinct routes used by narcotic smugglers to push heroin into the union territory from Pakistan through the Uri sector and indirectly via Punjab.

“The NCB had earlier arrested him with 522 grams of heroin from a passenger bus in Samba district on September 3,” the officials said.

Further investigation is underway to ascertain the circumstances of his escape and identify those who allegedly provided him shelter and facilitated his movement.

Intelligence agencies believe that the major portion of narcotics smuggled into the country from Pakistan is used to sustain terrorism in Jammu and Kashmir

New Delhi, Sep 9: The Narcotics Control Bureau (NCB) has secured the conviction of two drug traffickers in connection with the seizure of 1,127 kg of Ganja in Maharashtra, in a major success in its efforts to combat drug trafficking and further the vision of a ‘Drug-Free India’.

The Additional Sessions Judge, Special NDPS Court, Biloli, Nanded, Maharashtra, on September 8, convicted two accused persons, Gokul Narayan Rajput and Sunil Yadav Mahajan, in connection with the seizure made by the NCB Mumbai Zonal Unit.

The case pertains to the interception of a truck bearing registration number MH-26-AD-2165 on November 15, 2021, near Manjram village in Naigaon taluka of Nanded district, Maharashtra. During a search of the vehicle, NCB officers recovered 49 bags containing 1,127 kg of Ganja. The contraband, along with the truck and other articles, was seized in accordance with the law.

Rajput, the driver of the truck, and Mahajan, the co-driver, were arrested in connection with the case. The prosecution established before the court that both accused were in conscious possession of a commercial quantity of Ganja and had failed to provide a satisfactory explanation for their possession.

After examining the evidence and material on record, the court held that the prosecution had proved the offence beyond reasonable doubt under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The court subsequently convicted both accused and sentenced each of them to 10 years of rigorous imprisonment (RI) and imposed a fine of Rs 1 lakh. In case of default in payment of the fine, each accused will undergo an additional six months of rigorous imprisonment.

The court also ordered the confiscation of the truck and other relevant seized articles in accordance with the provisions of the NDPS Act, subject to the statutory process.

The conviction underscores the NCB’s commitment to effective investigation and prosecution of drug trafficking cases and its resolve to dismantle drug trafficking networks, thereby contributing to the vision of a ‘Drug-Free India’.

The NCB has also appealed to citizens to support its fight against drug trafficking. Information related to the sale, trafficking or distribution of narcotic drugs can be shared by calling the MANAS-National Narcotics Helpline toll-free number, 1933. The identity of the informer will be kept confidential.