The Delhi High Court on Wednesday issued notice and requested a response concerning a plea filed by the Enforcement Directorate (ED) challenging the bail granted to Harpreet Singh Talwar, also known as Kabir Talwar. The trial court had approved his bail after refusing the ED’s request for custodial custody.
In April 2026, Talwar was granted bail by the Gujarat High Court in a National Investigation Agency (NIA) case to a 3,000 kg heroin seizure at Mundra Port. The ED has approached the Delhi High Court contesting orders passed by the Tis Hazari Court on June 25. Talwar was arrested on June 24.
The agency contends that the trial court overlooked the legal provisions concerning the twin conditions under the Prevention of Money Laundering Act (PMLA) while granting bail. Additionally, the ED argues the trial court did not provide it with a fair opportunity to be heard.
Justice Saurabh Banerjee, after hearing the ED’s special counsel Zoheb Hossain, issued a notice to Talwar’s counsel and requested a reply within four weeks. The case is scheduled for hearing on August 6.
During proceedings, Zoheb Hossain submitted that the bail order is unsustainable as it disregards the twin conditions required under PMLA and was granted without issuing notice on the application or adequate time for response. He explained that the twin conditions mandate a reason for the court to believe the accused is not guilty of money laundering before granting bail, a requirement the trial court ignored. Moreover, Talwar was granted bail despite the denial of custody.
The special counsel further argued that Talwar is named in the 3,000 kg drug seizure case at Mundra Port from September 2021 and faces serious allegations.
Opposing these submissions, Talwar’s senior counsel stated that the ED had been given an opportunity to present its case and was heard extensively by the trial court. The bail was granted after the court found no grounds for custodial remand.
The defense argued that although the ED had requested a seven-day custodial remand for Talwar, the court denied it following submissions. Subsequently, bail was sought and a copy provided to the ED, which made arguments against the bail based on the same points as during the remand application.
Senior counsel also emphasized that Talwar had previously been granted bail by the Gujarat Court in April 2026 and that his arrest by the ED in a case lodged in December 2021 was aimed at restricting his personal liberty. The ED maintained that denial of custodial remand is not a ground for bail under PMLA.
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