JUDGMENT :

Deepak Sibal, J.

1. The instant appeal is directed against the order dated October 20, 2023, passed by the Additional Sessions Judge, Tarn Taran, exercising the powers of a Special Court (for short - the Special Court), dismissing the appellant's application for the grant of regular bail in FIR No.142 dated 07.09.2022 registered under Sections 389 IPC, 25(6) and 25(7)(i) of the Arms Act, 1959, Sections 4 and 5 of Explosive Substances Act, 1908 and Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short - the NDPS Act), subsequently added offence under Sections 120-B IPC, Sections 13, 16, 17, 18, 18-B, 20 of the Unlawful Activities (Prevention) Act, 1967 (for short - the UAPA), further Section 389-IPC, Sections 21, 29, 61, 85 of NDPS Act were deleted and Section 387 IPC added later on, at police Station Sirhali (for short - the FIR in question).

THE FACTS

2. A secret information was received by the police that Lakhbir Singh @ Landa son of Naranjan Singh and Harminder Singh @ Harinder Singh @ Rinda son of Charan Singh, who are gangsters, were operating their network from abroad to get smuggled heroin, arms, ammunitions, explosives and hand grenades into India from across the border and that for the said purpose the aforesaid two persons have recruited in their gang Satbir Singh @ Satnam Singh @ Satta son of Jaswant Singh, Nachhatar Singh @ Moti son of Partap Singh, Sukhdev Singh @ Shera, Charat Singh @ Charta son of Karaj Singh, Arashdeep Singh @ Bathi son of Nishan Singh, Shamsher Singh @ Shera, Jaisal Singh son of Raju Pehlwan, Gurjant Singh @ Janta son of Mangwinder Singh @ Manga, Mahabir Singh son of Bittu Singh, Sadhbir Singh son of Kartar Singh, Manjinder Singh @ Manna son of Satnam Singh, Jagroop Singh @ Simma son of Dilbagh Singh, Lovepreet Singh @ Love @ Bhund son of Dilbagh Singh, Sukhwinder Singh @ Sikki son of Lohra Singh, Harpreet Singh @ Happy @ Billa son of Baljit Singh, Romi son of late Amrik Singh, Robanpreet Singh @ Roban, Gurlal Singh @ Lali Pehlwan, Daljit Singh, Harjit Singh @ Jita, Jashan, Harpreet Singh, Honey and Gurkirat Singh @ Ghugi @ Shooter.

3. On the basis of the above secret information the FIR in question was registered at police station Sirhali against the afore named persons and thereafter a barricade was set up by the police at Sohana bridge, village Sirhali where they saw three persons coming on a black motorcycle bearing no registration number. The police stopped these three persons and questioned them. These three persons disclosed their identities as Harpreet Singh @ Happy @ Billa son of Baljit Singh, Nachattar Singh @ Moti son of Partap Singh and Sukhdev Singh @ Shera. On being searched pistols and petty cash in Indian currency were recovered from them. After being arrested, these three persons were interrogated. Nachattar Singh @ Moti disclosed about the involvement of other persons, on the basis whereof the said persons were nominated as accused. So far as the appellant is concerned, Nachattar Singh disclosed that it was the appellant who used to carry consignments sent by Harinder Singh @ Harminder Singh @ Rinda from the Indo-Pak Border and on the basis of such disclosure statement the appellant was also nominated as an accused and later arrested on 18.11.2022. After completion of investigation qua the appellant the State filed its report under Section 173 Cr.P.C. but till date charges are yet to be framed by the Special Court.

THE SUBMISSIONS

4. Learned counsel for the appellant submitted that the Special Court erred in law and in fact by denying bail to the appellant; the appellant is sought to be prosecuted only on the basis of a disclosure statement made by a co-accused Nachattar Singh @ Moti in police custody which in the absence of any corroboration has no evidentiary value; no recovery of any incriminating material has been made from the appellant; the prosecution's case is absolutely vague as even after completion of the investigation the ap