Institute of Legal and Management Studies

Even though the Supreme Court refused to grant bail to the accused in the case related to the seizure of a 2,988-kg heroin consignment in Mundra port in September 2021, it discarded the allegations of the National Investigation Agency that the proceeds of the crime were used for terror financing as "premature and speculative."

A bench comprising Justice Surya Kant and Justice NK Singh observed that there was "no compelling reason to currently link the appellant to prescribed terrorist organizations." The seizure was made by the the Directorate of Revenue Intelligence (DRI) in 2021. The accused approached the Supreme Court after the Gujarat High Court denied him relief.

The NIA had alleged that the drug proceeds were linked to Pakistan-based terrorist organisation Lashkar-e-Taiba (LeT), which is banned in India. Earlier, Senior Advocate Aryama Sundaram, for the accused, had complained to the Supreme Court that his children were bullied in school after the NIA linked the case to the Pahalgam terrorist attack. Then, the Supreme Court had urged that the family members of the accused should not be made to suffer due to the allegations.

Today, the bench pronounced the order in the petition filed by the accused, Harpreet Singh Talwar @ Kabir Talwar, as follows :

"At this stage, it would be premature and speculative to extend the allegation against the appellant to the domain of terror-financing. While prosecution has invoked provisions of UAPA and has broadly linked the smuggling enterprise to trans-national syndicates...there is no compelling reason to currently link the appellant to prescribed terrorist organizations...Evidentiary foundation to sustain such a grave allegation must be clear and compelling, something that can be seen only after substantial evidence is led by both parties."

The Court, however rejected the bail plea but gave liberty to the appellant to approach again after 6 months, or after sufficient advancement of trial, whichever is earlier.

The NIA had alleged that the present case of the international trafficking of huge quantities of narcotic substances (heroin) to India, disguised as legal imports in the form of “Semi-processed Talc Stones and Bituminous Coal”.

It was alleged that the Narco-traffickers were located in Afghanistan and were sending Heroin via Iran and Pakistan to India (with the help of ISI & Iranian middlemen).

With the use of a legal channel, a large consignment of 2988.21 Kgs. of Heroin - was brought from Afghanistan via Bandar Abbas, Iran and was imported in India in the name of M/s. Aashi trading Company and the same was intercepted.

It was alleged that the accused, as part of the conspiracy, used to supply the heroin in India on the directions of co-accused Faridoon Amani @ Javed Amani in order to generate funds for the LeT .

Case Title: HARPREET SINGH TALWAR @ KABIR TALWAR Versus THE STATE OF GUJARAT, SLP(Crl) No. 8878/2024

Citation : 2025 LiveLaw (SC) 556

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