In a significant judgment, the Supreme Court of India has stated that linking the 2,988 kg heroin seizure at Mundra Port in September 2021 to terror-financing allegations by the National Investigation Agency (NIA) is "premature and speculative." Despite denying bail to the accused, the Court emphasized that the current evidence does not support a direct link between the seized narcotics and terrorist organizations.
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A bench comprising Justice Surya Kant and Justice N.K. Singh, while hearing the bail plea of the accused Harpreet Singh Talwar (also known as Kabir Talwar), made it clear that there was "no compelling reason to currently link the appellant to prescribed terrorist organizations." The Court stressed that any such serious allegations must be backed by solid evidence, which was currently lacking.
The NIA had alleged that the drug proceeds from the heroin consignment were linked to the Pakistan-based terrorist organization Lashkar-e-Taiba (LeT), which is banned in India. It was further alleged that the narcotics were smuggled from Afghanistan, disguised as legal imports of “Semi-processed Talc Stones and Bituminous Coal.”
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According to the investigation, the narcotics traveled from Afghanistan to India via Iran’s Bandar Abbas port and were imported under the name of M/s. Aashi Trading Company. The NIA claimed that these drugs were distributed in India under the instructions of co-accused Faridoon Amani (also known as Javed Amani) to generate funds for LeT.
Senior Advocate Aryama Sundaram, representing the accused, highlighted that the NIA’s allegations had affected the personal life of the accused, with his children being bullied in school. He argued that the allegations of terror-financing were unfounded at this stage.
The Supreme Court, in its order, observed:
"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."
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While the Court rejected the bail plea of the accused at this stage, it granted him the liberty to reapply for bail after six months or after significant progress in the trial, whichever is earlier.
The case pertains to the interception of a massive consignment of 2,988.21 kg of heroin, smuggled from Afghanistan via Iran to India. The consignment was allegedly disguised as a legal import of talc stones and bituminous coal. The Directorate of Revenue Intelligence (DRI) intercepted the consignment at Mundra Port, Gujarat, in 2021.
Case Title: HARPREET SINGH TALWAR @ KABIR TALWAR Versus THE STATE OF GUJARAT, SLP(Crl) No. 8878/2024
