New Delhi [India], July 2 : The Delhi High Court on Wednesday issued notice and sought response on a plea moved by the Enforcement Directorate (ED) against the bail granted to Harpreet Singh Talwar alias Kabir Talwar. The trial court had granted him bail after denying custody to the ED.
He was granted bail in April 2026 by the Gujarat High Court in an NIA case linked to a 3000 Kg heroin seizure from Mundra Port.
The ED has approached the Delhi High Court challenging both orders passed by the Tis Hazari Court on June 25. He was arrested on June 24.
The agency has argued that while granting bail, the legal provisions of the twin conditions under the PMLA were overlooked by the trial court. It is also the arguements of ED that it was not allowed to be heard by the trial court.
Justice Saurabh Banerjee, after hearing the special counsel for the ED, issued a notice to the counsel for Harpreet Singh Talwar and sought a response in 4 weeks. The matter is listed for hearing on August 6.
During the hearing, Special Counsel Zoheb Hossain appeared for the ED. He submitted that the bail order is not sustainable as it has been passed by overlooking the twin conditions by the trial court and even without issuing a notice on the application and providing adequate time to respond to it
It was submitted that twin conditions provide that there should be a reason for the court, while granting bail, to believe that the accused is not guilty of the offence of money laundering. This aspect is overlooked, and he was granted bail after the denial of custody.
Special Counsel for ED also argued that the accused Harpreet Singh Talwar is named in the 3000 kg drug seizure case from Mundra Port in September 2021. He has serious allegations against him.
On the other hand, the senior advocate appeared for Talwar and opposed the submissions made by the special counsel for ED, saying that ED was given an opportunity and was heard at length by the trial court. The accused was granted bail when the court found no case was made out for custodial remand.
It was also submitted that ED had sought a 7-day custodial remand of Talwar. However, the court denied the same after hearing the submissions. Thereafter, a bail was moved, and a copy was supplied. ED argued on the bail application. The arguements were the same as those while seeking remand.
Senior counsel also argued that Harpreet Singh Talwar was granted bail by the Gujarat Court in April 2026. He was arrested by the ED to curtail his personal liberty. He has been arrested by the ED in a case lodged in December 2021.
The ED said that denial of custodial remand is not a ground for bail in PMLA.