LexHARPREET SINGH TALWAR @ KABIR TALWAR versus THE STATE OF GUJARAT TH. NATIONAL INVESTIGATING AGENCY
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 6 S.C.R. 291 : 2025 INSC 662 Harpreet Singh Talwar @ Kabir Talwar v. The State of Gujarat th. National Investigating Agency (Criminal Appeal No. 2570 of 2025) 13 May 2025 [Surya Kant* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration Whether in the facts and circumstances of the case, the Appellant is entitled for regular bail. Headnotes† 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 – Cross- border smuggling of narcotics – Seizure of 2,988.21 kg heroin- laced 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 co- conspirators, 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 * Author 292 [2025] 6 S.C.R. Supreme Court Reports 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] Case Law Cited Union of India v. K.A. Najeeb [2021] 1 SCR 443 : (2021) 3 SCC 713 – referred to. List of Acts Constitution of India; Narcotic Drugs and Psychotropic Substances Act, 1985. List of 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. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2570 of 2025 From the Judgment and Order dated 28.03.2024 of the High Court of Gujarat at Ahmedabad in CRA No. 1980 of 2023 Appearances for Parties Advs. for the Appellant: C.A. Sundaram, Siddharth Bhatnagar, Dr. Aditya Sondhi, Sr. Advs., Nipun Katyal, Namboodiri Prasanna, Dhananjay Kumar, Nadeem Afroz, Manan Sharma, Ms. Rohini Musa, Rijuk Sarkar, Ms. Nidhishree B V. [2025] 6 S.C.R. 293 Harpreet Singh Talwar @ Kabir Talwar v. The State of Gujarat th. National Investigating Agency Advs. for the Respondent: Ms. Aishwarya Bhati, A.S.G., Ms. Radhika Misra, Ms. Shivika Mehera, Rajat Nair, Sandeep K. Sadawarte, Ms. Zeenat Malick, Ms. Tanvi Dubey, Aaditya Shankar Dixit, Rajendra Singh Rana, Sarthak Karol, Arvind Kumar Sharma. Judgment / Order of the Supreme Court 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
Excerpt shown. Read the full judgment & AI analysis in Lexace.