Tarun Karthick
Sri Vijaya Puram, 22 December 2024
In the last week of November 2024, news of one of the largest drug busts in Indian history made headlines both nationally and internationally. The Andaman and Nicobar Police seized 6,016.870 kilograms of methamphetamine, worth approximately INR 36,000 crore. The operation began when an Indian Coast Guard Dornier aircraft detected a suspicious fishing vessel near Barren Island. Upon investigation by Indian Coast Guard Ship, the suspicious fishing vessel was found to be loaded with illegal drugs and was subsequently escorted to Sri Vijaya Puram for further examination.
Six Myanmar nationals aboard the vessel—Kyan Lin Khing, Zay Yar Soe, Moe Zar Oo, Htet Myat Aung, Zin Minsoe, and Khin Mg Kyi—were arrested, and presented in court on November 26, 2024. At this stage, the court granted the police custody of the accused.
On December 2, 2024, the accused were again presented in court, and an application was moved to transfer them to judicial custody. The court allowed the prayer for Judicial Custody of all six accused and ordered their next appearance on December 16, 2024.
Court Proceedings on December 16, 2024:
On December 16, 2024, the accused were produced before the court as scheduled. The Public Prosecutor submitted two key applications on behalf of the Investigating Officer (IO):
1. Addition of Section 238 of the BNS, 2023:
The first application requested the inclusion of Section 238 of the BNS, 2023, in the FIR. This section pertains to ‘Causing disappearance of evidence of offence, or giving false information to screen offender’. The court granted this request, allowing the IO to include the section while submitting report in final form.
2. Request for Starlink Device Data from SpaceX:
The second application sought the court’s directive to Space Exploration Technologies Corp. (SpaceX) to provide personally identifiable information (PII) related to the Starlink device seized from the vessel. The police had previously sent a notice to SpaceX under Section 94 of the BNSS on December 2, 2024, requesting details such as the registered owner, email ID, and other associated details.
SpaceX, in its response, informed the police that as a company based in the United States, it requires a proper legal order from a competent court to release such information. The court acknowledged this requirement and issued the necessary order, requesting SpaceX to provide the requested information and cooperate with the investigative agency.
The accused were again sent to judicial custody and are scheduled to appear in court again on December 30, 2024.