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SURYA KANT, N. KOTISWAR SINGH
Harpreet Singh Talwar @ Kabir Talwar – Appellant
Versus
The State of Gujarat th. National Investigating Agency – Respondent
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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 under the cover of commercial consignments.
4. The Appellant herein is arraigned as Accused No. 24 in the said case and is currently in custody since 24.08.2022. The offences alleged against him include those under Sections 8(c), 21(c), 23(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Sections 17, 18, and 22C of the Unlawful Activities (Prevention) Act, 1967 (UAPA), and Section 120B of the Indian Penal Code, 1860 (IPC). The trial is currently ongoing before the Special Court (NIA), Ahmedabad (NIA Court), and is at the stage of examination of Prosecution witnesses.
5.
(1) Drug offences - Investigative narrative does not rest solely on physical recovery but proceeds on the basis of conspiracy and facilitation.(2) Bail application - Relaxation in Section 43D(5) of U....
Bail granted in UAPA/NDPS case absent recovery, direct participation; uncorroborated approver/co-accused statements and peripheral contacts insufficient for prima facie case under Sec 43D(5), especia....
The judgment emphasizes the seriousness of organized crimes, the application of UAPA, and the twin test under Section 37 of the NDPS Act in determining bail applications.
The court's decision emphasized the serious nature of the offenses, the organized network involved, and the prima facie evidence supporting the role of each accused.
Prolonged incarceration without a speedy trial can warrant bail, while serious allegations under UAPA can justify denial.
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