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Prima Facie Case Established, Statutory Bail Conditions Not Met — (2026) INSC 503

Section 43-D(5) of the UAP Act and Section 37 of the NDPS Act impose stringent conditions for bail.

Syed Iftikhar Andrabi v. National Investigation Agency, Jammu — (2026) INSC 503

Core Argument

Section 43-D(5) of the UAP Act and Section 37 of the NDPS Act impose stringent conditions for bail. The Special Court and the High Court have both found that the accusations against the appellant are prima facie true. The appellant is accused of narco-terrorism — raising funds through drug sales to finance terrorist activities. Bail must be denied.

Key Precedents

Gurwinder Singh v. State of Punjab (2024) 5 SCC 403 — Held that under Section 43-D(5) of the UAP Act, if the accusation is prima facie true, bail becomes absolutely impermissible; the legislative intent is that 'bail must be rejected as a rule.'
Gulfisha Fatima v. State (Govt. of NCT of Delhi) 2026 SCC OnLine SC 10 — Held that K.A. Najeeb does not create a mechanical rule that mere passage of time automatically entitles an accused to bail; delay must be considered along with other factors.
NIA v. Zahoor Ahmad Shah Watali (2019) 5 SCC 1 — Held that the High Court had conducted a mini trial and reappreciated evidence at the bail stage, exceeding the limited scope of a bail petition.

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