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2024 Supreme(P&H) 123

MANJARI NEHRU KAUL
National Investigation Agency – Appellant
Versus
Ankush Vipan Kapoor – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sukhdeep Singh Sandhu, Advocate
For the Respondent:Mr. Vipul Jindal, Advocate

JUDGMENT :

Manjari Nehru Kaul, J.

The petitioner-NIA is seeking cancellation of bail granted to the respondent vide order dated 05.07.2021 (Annexure P-3) passed by this Court in CRM-M No. 23889 of 2021 in case bearing FIR No. 20 dated 29.01.2020 under Sections 21, 25, 27-A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'NDPS Act') and Sections 30, 53, 59 of the Arms Act, 1959 registered at Police Station Special Task Force, District STF Wing, SAS Nagar, Mohali.

2. Brief facts of the case:

A. Cases in Punjab

    (i) FIR No. 20 dated 29.01.2020 under Sections 21, 25, 27-A, 29, 85 of the NDPS Act and Sections 30, 53, 59 of the Arms Act, 1959 was registered at Police Station STF, District STF Wing, SAS Nagar, Mohali against one Sukhbir Singh @ Happy on the statement of AIG Rachpal Singh; it was alleged that Sukhbir Singh @ Happy was dealing in illegal weapons and Heroin, and since he was present in the city of Amritsar, he could be arrested if timely action was taken. Acting on the said information, the Special Task Force (STF) arrested him after raising a special barricade/naka and on his search, one revolver of 0.32 bore along with live cartri

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