Gujarat High Court Grants Default Bail in Salaya Narco-Terror Case Over Procedural Flaw

The Gujarat High Court has granted default bail to Ankur Kapoor, an alleged key operative in a transnational narco-terror network, after finding that a special court had extended his judicial custody without following mandatory legal procedures. The case involves the smuggling of 500 kg of heroin from Pakistan into India via the Gujarat coast in 2020, allegedly to finance the banned Lashkar-e-Taiba (LeT).

A Division Bench of Justices Gita Gopi and L S Pirzada set aside the orders of the Special National Investigation Agency (NIA) Court that had extended the investigation period from 90 to 180 days. The bench held that while the prosecution had sought an extension of time to complete the investigation, it failed to ensure the accused's physical or virtual presence before the court, which is a mandatory requirement under the law.

Kapoor had challenged the Special Court's orders dated July 9 and October 16, 2025, which rejected his plea for statutory bail under Section 167(2) of the Code of Criminal Procedure, Section 43D(2)(b) of the Unlawful Activities (Prevention) Act (UAPA), and Section 36A(4) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Kapoor argued that the Special Court was required to direct the jail authority to produce him after noting that the jail official had reported that Kapoor refused to accept the notice.

Kapoor is among the accused in the 2020 Salaya narco-terror case investigated by the NIA. In its eighth supplementary chargesheet filed in October 2025, the agency described him as one of the alleged India-based masterminds responsible for managing on-ground activities of the narco-terror syndicate in Punjab. According to NIA investigations, Kapoor allegedly coordinated logistics, storage, and local distribution of the 500 kg heroin contraband and actively facilitated funding to accused persons in India and abroad.

The NIA alleges that the network operated across Gujarat, Punjab, Delhi, and Chandigarh, with international links to Pakistan, Italy, Australia, the UAE, Iran, and Thailand. The Gujarat Anti-Terrorism Squad (ATS) filed the original chargesheet, and the NIA has filed seven supplementary chargesheets. A total of 26 accused have been arrested in the case, while eight remain absconding.

Senior Advocate I H Syed, representing Kapoor, argued that non-compliance with the mandatory provision entitles the appellant to default bail. He urged the court to quash the orders of the Special Designated Court. Syed contended that once the court had before it the jail official's endorsement that notice had not been served, it ought to have directed prison authorities to produce Kapoor on the scheduled hearing date. Mere reliance on the endorsement could not override the mandatory requirement.

Opposing the plea, Additional Solicitor General Raja Thakare submitted that Kapoor was a central figure in a large-scale narcotics and terror-financing conspiracy involving 500 kg of heroin and several accused spread across India and abroad. He pointed out that the NIA had filed several supplementary chargesheets and that Kapoor was also involved in two cases in Punjab before being transferred to Gujarat pursuant to Supreme Court orders.

The NIA argued that the object of Section 43D of the UAPA is to ensure that investigation is not mechanically prolonged and that, in this case, the statutory requirements had been fully satisfied. The Public Prosecutor had filed a report detailing the progress of the investigation along with specific reasons for seeking an extension.

The High Court, however, found that the procedural lapse—failure to produce the accused before the court—invalidated the extension orders, thereby entitling Kapoor to default bail.