The Supreme Court today has granted bail to Amol Chandra Das alias Amol Das alias Sujib in a case investigated by the National Investigation Agency (NIA) concerning alleged transnational human trafficking from Bangladesh and Myanmar into India.

The case arose from the FIR registered by the NIA under Sections 120B, 370, 465 and 471 of the Indian Penal Code, 1860 and Section 18 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The prosecution alleged that the accused was part of a syndicate involved in facilitating illegal cross-border movement and that fake Aadhaar cards, fake passports and forged identity documents had been recovered during the investigation. It was further submitted that the accused, a Bangladeshi national, had been regularly travelling between Bangladesh and India and assisting the movement of persons across the border.

The petitioner was arrested on November 7, 2023 and has remained in custody since then. Previously, the Karnataka High Court had declined bail on these grounds.

Opposing the bail plea, the prosecution argued that provisions of the Unlawful Activities (Prevention) Act were attracted and submitted that the accused had no permanent address in India. During the hearing, however, Justice Joymalya Bagchi questioned the applicability of the UAPA Act and observed:

“The illegal movement across the border per se will not be a terrorist activity. Can you link him to any terror organization or group? He can be doing it for economic reasons. Reasons are unknown..What is indicated is he is a Bangladeshi, he has been in Bengaluru for 10 years, he has had a forced passport and there are materials to show that he was aiding and abetting illegal movement of people from Bangladesh. Now others who are aiding and abetting are on bail.”

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi noted that co-accused persons had already been granted bail and observed that although the petitioner’s case was “slightly distinguishable,” his period of custody and the surrounding circumstances justified the grant of bail subject to stringent conditions.

Granting relief, the Court directed that the petitioner disclose his place of stay to the NIA and local police station, cooperate fully with the trial and refrain from seeking unnecessary adjournments. The Court also directed the seizure of his passport and ordered that the trial court endeavour to conclude the trial expeditiously, preferably within six months.