In a pivotal ruling, the Supreme Court clarified that the accused in the 2021 Mundra Port heroin haul is not linked to terrorism, while underlining the narcotics menace as a grave national concern.
🚨 Supreme Court Rejects Bail Despite No Terrorism Charges
On May 7, 2024, a bench of the Supreme Court, hearing the bail plea of Harpreet Singh Talwar alias Kabir Talwar, denied relief to the accused in the ₹21,000-crore Mundra Port heroin seizure case, one of India’s largest drug busts. While the Court noted the absence of any link to terrorism under the Unlawful Activities (Prevention) Act (UAPA), it upheld the seriousness of narcotics offenses and refused to grant bail.
The accused had approached the Apex Court seeking bail under Section 439 of the CrPC, arguing that the UAPA charges did not sustain. However, the Court stressed that while terrorism elements may not be proven, the illicit drug trade poses a parallel threat to India’s security and societal order.
“The mere absence of a direct terrorism charge under UAPA does not mitigate the magnitude of the offence,” the Bench observed, adding, “The smuggling of narcotics at such scale imperils public health and national stability.”
🔍 Case Background: The 2,988-kg Heroin Seizure at Mundra Port
The case stems from the interception of a massive consignment of 2,988 kilograms of heroin in September 2021 at Mundra Port, Gujarat. The Directorate of Revenue Intelligence (DRI) had received intelligence on the drug consignment, which was allegedly camouflaged as semi-processed talc stones and shipped from Afghanistan via Iran.
The cargo was addressed to a Vijayawada-based company—Aashi Trading Company, but investigation later linked the financing and coordination to several Delhi-based individuals, including the accused, Kabir Talwar, known for owning prominent nightclubs in Delhi.
The case, due to its Afghan origin and use of Indian port infrastructure, triggered debates around port security, customs protocol, and potential cross-border narco-terrorism, although the NIA and Ministry of Home Affairs later ruled out active terrorism financing in this instance.
🧑⚖️ Supreme Court’s Legal Reasoning
The bench, comprising Justices Aniruddha Bose and Sanjay Karol, clarified that while the UAPA charge was dropped, the offense under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, remains non-bailable and of high gravity.
They referred to past precedent, including Union of India v. Shiv Shanker Kesari, where the SC laid down strict guidelines for granting bail under NDPS due to the public interest involved.
“The scale of the narcotic consignment cannot be ignored simply because there is no terrorism tag,” the bench stated. “The accused’s role in facilitating such a massive illegal import renders him ineligible for discretionary bail at this stage.”
The Court added that the investigative findings and documentary evidence presented by the DRI indicated deliberate concealment and an established international supply chain.
🔍 National Security and Policy Context
Though not charged under UAPA, the case has deep national security implications. According to a former Narcotics Control Bureau (NCB) official, who spoke to The Legal Observer on condition of anonymity:
“India is becoming a transshipment hub in the global drug corridor linking Afghanistan, Pakistan, and Southeast Asia. The Mundra case exposed how legitimate ports are being used by sophisticated cartels.”
The incident prompted the Ministry of Finance to issue revised security protocols for private port operators and customs officials. A multi-agency task force, including DRI, NIA, and IB, continues to investigate the smuggling network.
🧠 Legal Expert Opinion
Senior Advocate Meenakshi Arora, commenting on the case, said:
“The SC rightly refused bail. While the terrorism angle is absent, the Court’s stance reaffirms that drug cartels are treated with zero tolerance. This case could set a benchmark for NDPS jurisprudence post-UAPA dilution.”
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