Bombay High Court grants bail to Punjab man in 13,864 kg-heroin smuggling case
The Bombay High Court has granted bail to a man from Punjab’s Ludhiana, accused of transferring Rs 1.5 lakh for clearing a consignment of 13,864 kg of heroin at Navi Mumbai’s Nhava Sheva port for his brother, the main accused in the case.
The High Court emphasised the prolonged imprisonment of accused Gurjugdip Singh Smagh and the absence of formal charges as key reasons for granting bail. The accused was in custody for nearly two years without charges being filed.
A bench of Justice Shivkumar Dige was hearing a bail application filed by Smagh.
Smagh was ordered to provide a personal bond of Rs 1 lakh and must cooperate with the Directorate of Revenue Intelligence (DRI) in their ongoing investigation. He was also required to abstain from influencing witnesses.
The case began in 2022, when the DRI acted on intelligence and inspected a container destined for Punjab, at the Mumbai port. The consignment, attributed to ‘Smagh Trading Company’, was headed for Hoshiarpur in Punjab, and revealed heroin drugs concealed in bags.
Further investigation led to the arrest of the main accused, whose statement mentioned Smagh’s name.
The prosecution accused Smagh of conspiring with others, destroying his mobile phone and SIM card to erase evidence and attempting to evade arrest. The prosecution also suspected that if released, he might abscond.
The advocate representing Smagh argued that his client had no direct evidence against him apart from the alleged fund transfer. Mishra also pointed out that Smagh’s prolonged detention without charges violated principles of justice.
Advocate Mithilesh Mishra, appearing for the accused, argued that he was behind bars for around two years, yet charges were not yet framed in the trial. “The only allegation against Smagh is of transferring Rs.1.5 lakh for clearance of the consignment of accused no 1. To prove conspiracy of the applicant in the crime, evidence is required. It may take time to conclude the trial,” submitted Mishra.
However, Justice Dige, while hearing the bail plea, noted that the accused had no prior criminal record and that his alleged involvement required further trial proceedings. The court observed that the prolonged incarceration without formal charges being framed was a significant factor in granting bail.
The court granted bail, emphasising the necessity of balancing judicial process and individual rights.
