Srinagar, Nov 11: The Jammu and Kashmir and Ladakh High Court has rejected the bail appeal of Gurpartap Singh, accused of financing a Babbar Khalsa International (BKI)-linked narco-terrorism module involved in the alleged smuggling of heroin and arms from Pakistan through the Arnia sector along the International Border.
A Division Bench of Justice Shahzad Azeem and Justice Sanjay Dhar held that prima facie material indicated Singh's alleged involvement in a larger conspiracy to smuggle commercial quantities of heroin and weapons to generate funds for the banned terrorist organisation.
The judgment, pronounced on October 13, 2026, upheld the Special NIA Court's October 16, 2025 order rejecting his bail plea in the case registered as RC No. 05/2020/NIA/JMU.
The High Court observed that the stringent bail restrictions under Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) and Section 37 of the NDPS Act had not been satisfied.
According to the prosecution, Singh was the alleged principal conspirator and financier of the module. The NIA claimed he provided Rs 20 lakh for an initial consignment of 10 kg of heroin, arranged distinctive bags to transport money and facilitated reconnaissance of vulnerable locations along the International Border.
The case dates back to September 20, 2020, when security forces recovered 61.420 kg of heroin, 1.245 kg of opium, two pistols, three magazines and 100 live cartridges during searches near the Bulley Chak and Budhwar border outposts in Arnia.
The investigation was subsequently transferred to the National Investigation Agency, which filed a chargesheet against seven accused, including Singh, alleging offences under the NDPS Act, UAPA and other relevant provisions.
Singh's counsel argued that he had remained in custody for over five years, that the trial was proceeding slowly and that certain co-accused had already been granted bail. The defence also questioned the admissibility of alleged disclosure statements and the material relied upon by the prosecution.
Rejecting the arguments, the High Court held that Singh's alleged role as the principal conspirator and financier was distinguishable from that of co-accused who had secured bail. It also observed that several material witnesses and experts were yet to be examined.
The Bench ruled that prolonged incarceration and delay in trial, in the circumstances of the case, did not automatically justify bail in view of the stringent statutory restrictions.
While dismissing the appeal, the High Court directed the trial court to expedite the proceedings and record the remaining witnesses through an appropriate schedule.
The court clarified that its observations were limited to the adjudication of the bail appeal and would not influence the merits of the ongoing trial.
