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 cartridges and six boxes of Heroin weighing 5.690 kilograms was recovered.

(ii) During interrogation of Sukhbir Singh @ Happy, the name of the respondent/accused surfaced; accused Sukhbir Singh @ Happy disclosed that the car in which he had been caught (i.e. Brezza bearing registration No. PH-02-DJ-0279) belonged to the respondent/accused and had been given to him for onward delivery to a special person, code named 'Baba Jani'. On the same day i.e. 29.01.2020, the respondent/accused was arrested from his shop 'R.C. Creations' at Crystal Chowk, Amritsar; in pursuance of his disclosure statement, the STF recovered Heroin weighing 3.250 kgs, 3 transparent plastic bags along with a can containing ammonia solution, one plastic bag containing 500 grams of codeine charcoal powder and one plastic bottle containing 500 ml of hydrochloride acid from a wooden almirah of his house. The STF thereafter, recorded a second disclosure statement of the respondent/accused on 07.02.2020, pursuant to which a mobile phone was recovered, wherein some WhatsApp conversations for sending and receiving consignments were uncovered. On 11.02.2020, the STF recorded a third disclosure statement of the respondent/accused, as a result, two additional mobile phones were recovered, allegedly used to exchange information through coded language for the procurement and delivery of Heroin.

(iii) On 31.01.2020, FIR No. 23 dated 31.01.2020 under Sections 21, 25, 27-A, 29 of the NDPS Act was registered at Police Station STF, District STF Wing, Amritsar on the statement of Rashpal Singh AIG, STF Border Range, Amritsar; as per the allegations leveled in this FIR, AIG Rashpal Singh received a secret information that the respondent/ accused along with his associates Sukhwinder Singh, Major Singh, Tamanna Gupta, Imran Bashar mal and others had stored Heroin in huge quantity in the area of Sultanwind, Amritsar for further delivery.

(iv) Further, the name of co-accused Simranjeet Singh Sandhu alias Simar also emerged, revealing that this accused had international connections and was engaged in the exchange of money through Hawala transactions. Subsequent to the registration of the FIR No. 23 of 2020, the respondent/accused was arrested and recovery of 188 kgs 950 grams Dextromethorphan Powder, 25 kgs 965 grams Caffeine, 3 kgs Charcoal, 207 kgs 120 grams intoxicant liquid chemical and other instruments for preparation of Heroin was effected from House No. 127130, Akash Vihar, Sultanwind, Amritsar.

(v) After conclusion of the investigation in both the above mentioned FIRs bearing No. 20 and 23, final reports under Section 173 Cr.P.C. were presented before the Court of competent jurisdiction.

B. Grant of bail to the respondent/accused by this Court in FIR No. 20 dated 29.01.2020 u/s 21, 25, 27-A, 29, 85 of the