Supreme Court rejects NIA plea to cancel Kabir Talwar bail in Mundra drug haul case

The Supreme Court on Thursday rejected the National Investigation Agency's plea to cancel the bail granted to Harpreet Singh Talwar, alias Kabir Talwar, a key accused in the seizure of nearly 3,000 kg of heroin at Gujarat's Mundra port in 2021. A bench headed by Chief Justice Surya Kant said the bail was granted in "peculiar" circumstances, noting that all sensitive witnesses related to Talwar had been examined and there had been a long incarceration since August 2022 with inordinate trial delay.

The court, however, clarified that other accused cannot seek bail solely on the ground of parity, and their applications will be considered on merit. It also permitted the NIA to seek cancellation of bail if Talwar delays the trial or attempts to influence witnesses. Additional Solicitor General Aishwarya Bhati had argued that the Gujarat High Court order did not consider the statutory bar on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act.

The NIA arrested Talwar in connection with the consignment sent from Afghanistan via Iran's Bandar Abbas port. The contraband, concealed with talc powder, was imported by Ashi Trading Company. The agency has filed multiple charge sheets naming 22 individuals and companies, alleging links to terror financing through drug supply.