IMPORTANT POINTS
(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 UAPA cannot be automatic and must be evaluated in light of specific facts and risks associated with each case.

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. Before delving into the merits of this case, we may briefly advert to the factual matrix vis-à-vis the Appellant, i.e. Harpreet Singh Talwar @ Kabir Talwar.

6. The gravamen of the allegations against the Appellant is that he played a central and coordinating role in the facilitation of a consignment of heroin-laced talc stones imported into India in December 2020 through Mundra Port, Gujarat, under the cover of a firm named M/s Magent India. According to the Prosecution, the Appellant’s involvement in the present offence must be understood in the context of his long-standing associations with entities and individuals engaged in illicit international trade.

7. The offence came to light when the Directorate of Revenue Intelligence (DRI), Gandhidham Unit, registered Case No. DRI/AZU/GRU/NDPS- 01/2021 under the NDPS Act. That case pertains to the seizure of 2,988.21 kg of heroin, allegedly originating from Afghanistan and routed through Bandar Abbas, Iran. The narcotics were smuggled into India concealed as talc powder in a consignment addressed to one M/s Aashi Trading Company.

8. Based on intelligence inputs and parallel investigations by customs authorities and the DRI, the case was eventually taken over by the NIA. An FIR was registered on 06.10.2021, under the NDPS Act and UAPA. Due to the spread and magnitude of the alleged offence, investigative efforts were escalated, which led to the NIA discovering involvement of the Appellant in similar cross-border smuggling of narcotics.

9. NIA thus alleges that in September 2020, the Appellant undertook a visit to Dubai, where he was introduced through one Sunny Kakkar to Vityash Koser @ Raju Dubai, a foreign national and a designated accused (WA-7) alleged to be at the helm of a transnational heroin smuggling network.

10. This initial meeting, as per statements recorded under the NDPS Act and UAPA by protected witnesses, laid the foundation for a ‘criminal conspiracy’ wherein the Appellant agreed to facilitate the import of heroin into India under the guise of legitimate commercial goods. In furtherance of this arrangement, the Appellant is stated to have instructed his accountant, Sunil Jain, to arrange for the registration of a proprietorship concern in the name of his employee and domestic aide, one Prince Sharma (A-25). This entity—M/s Magent India—was registered on 22.09.2020, and according to the Prosecution, remained under the effective control of the Appellant.

11. Thereafter, the Appellant is alleged to have travelled to Dubai a second time, wherein he finalized the modalities of the import with Raju Dubai. Soon after, a consignment of 22 bags of semi-processed talc weighing 21,880 kilograms was dispatched on 16.11.2020 by M/s Habib Shabab Talc & Marble Processing Co. Ltd., Afghanistan, and routed thro