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Criminal · Reportable judgment

Harpreet Singh Talwar @ Kabir Talwar vs The State of Gujarat th. National Investigating Agency

Court
Supreme Court of India
Date
13 May 2025
Case No.
Criminal Appeal No. 2570 of 2025
Result
Dismissed
Bench
Surya Kant, N Kotiswar Singh
Citation
[2025] 6 S.C.R. 291 : 2025 INSC 662
Acts & Sections
Constitution Narcotic Drugs and Psychotropic Substances…
Supreme Court Reports [2025] 6 S.C.R. 291 : 2025 INSC 662
Issue for consideration
Whether in the facts and circumstances of the case, the Appellant is entitled for regular bail.
Headnote

Bail – Narcotic Drugs and Psychotropic Substances Act, 1985 – ss.8(c), 21(c), 23(c), 29 – Unlawful Activities (Prevention) Act, 1967 – ss.17, 18, 22C – Penal Code, 1860 – s.120B – Crossborder smuggling of narcotics – Seizure of 2,988.21 kg heroinlaced talc stones imported into India through Gujarat, under the cover of commercial consignments, allegedly originating from Afghanistan and routed through Iran – Appellant allegedly played a central and coordinating role in its facilitation – Bail denied:

Held: Appellant’s alleged meetings in Dubai with a principal foreign accused; the transfer of documents through intermediaries for the clearance of a flagged consignment; efforts to retrospectively fabricate invoices and assign responsibility to others; use of multiple firms allegedly connected to him to obfuscate the true nature of the transactions; and his telephonic calls to certain coconspirators, supported by the statements of protected witnesses and circumstantial linkages, meet the threshold of prima facie satisfaction regarding the appellant’s complicity – Prosecution claims that the seizure in the connected consignment is part of the largest heroin bust in Indian history – Trial is ongoing before the NIA Court and is at the stage of examination of Prosecution witnesses – Multiple key witnesses are yet to be examined – Out of 24 most vulnerable or material witnesses, two have died and two others are untraceable – The risk of witness tampering or elimination militates against the grant of bail at this stage – Also, in view of the appellant’s prior conduct and profile there is a possibility of flight risk – Appellant not entitled to regular bail at this stage. [Paras 27, 29, 30, 32, 35]

Unlawful Activities (Prevention) Act, 1967 – s.43D(5) – Scope and application – Constitution of India – Article 21 – Discussed. [Paras 23, 24]

Keywords: Seizure of 2,988.21 kg heroin-laced talc stones · Narcotics concealed as talc powder · Multi-jurisdictional narcotics smuggling operation · Cross-border smuggling of narcotics · Trans-national heroin smuggling network · Mundra Port, Gujarat · Afghan-based syndicates · Iran · Criminal conspiracy · Transnational smuggling operation · Regular bail · Import of narcotics concealed as talc · Cross-border drug trafficking · Import of heroin into India · Terror financing · Flight risk

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Surya Kant, J. Leave granted. 2. The Appellant assails the order dated 28.03.2024 passed by the High Court of Gujarat at Ahmedabad (High Court) whereby his prayer for regular bail in connection with FIR No. RC-26/2021/NIA/DLI dated 23.09.2022 (FIR) registered by the National Investigation Agency (NIA), has been declined. 3. The aforesaid FIR arises from investigations into a multi-jurisdictional narcotics smuggling operation allegedly executed by Afghan-based syndicates, with links to domestic operatives, wherein substantial quantities of heroin were illicitly brought into India unde
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