No Bail for Accused in India’s Largest Heroin Seizure Case: Supreme Court on NDPS and UAPA Act
The Supreme Court upheld the denial of bail to the accused under the NDPS Act and UAPA, emphasizing the stringent conditions of Section 43D(5) of UAPA, which restricts bail if prima facie evidence suggests guilt. The Court ruled that circumstantial evidence, witness statements, and transnational conspiracy allegations met the threshold for continued detention, despite no direct recovery of contraband. The accused’s role in facilitating smuggling, foreign links, and risk of witness tampering justified rejecting bail. However, the Court allowed liberty to seek bail after six months or substantial trial progress, balancing personal liberty (Article 21) with national security concerns. The judgment clarified that terror financing charges were premature without further evidence.
Facts Of The C...