ORAL ORDER

(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

1. This is an appeal by the appellant, filed under Section 21 of the National Investigation Agency Act, 2008 (in brief, ‘NIA Act’), read with Section 438 of the Code of Criminal Procedure, 1973 (‘the Code’, hereinafter), with a prayer that the order passed by the learned Additional Sessions Judge, Ahmedabad, Dated: 06.05.2022, in Criminal Misc. Application No. 13 of 2022 be quashed and set aside and in the event of arrest of the appellant in connection with the FIR, being RC-26/2020/NIA/DLI, which is registered with NIA Headquarter, New Delhi, and is arising out of FIR No.1 of 2018, Dated: 12.08.2018, registered with Anti-Terrorist Squad Police Station, Gujarat (‘ATS’ for brevity) and thereby, to grant anticipatory bail to the applicant.

2. Heard, learned Senior Advocate, Mr. A.K. Vermani, assisted by learned Advocate, Mr. Kapadia, for the appellant, learned APP, Mr. Soni, for Respondent No.1-State and learned ASG, Mr. Vyas, assisted by learned Advocate, Mr. Amin, for Respondent No.2.

3. Learned Sr. Advocate, Mr. Vermani, appearing for the appellant submitted that the appellant is sought to be arrested as an accused and he is apprehending his arrest in connection with the FIR, being RC- 26/2020/NIA/DLI, registered with NIA, Mumbai, arising out of FIR No. 1 of 2018, registered with ATS Police Station, Gujarat.

3.1 In view of the above, the appellant preferred Criminal Misc. Application No. 13 of 2022, seeking anticipatory bail, before the learned Additional Sessions Judge, Ahmedabad (‘Special Judge’, appointed under the NIA Act), who rejected the said application vide order dated 06.05.2022 and therefore, the present appeal is filed.

3.2 Learned Sr. Advocate, Mr. Vermani, submitted that in the year 2018, an FIR came to be registered by the ATS Police Station, being FIR No. 1 of 2018, for the alleged offence punishable under Sections 8(c), 21(c), 24, 25, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’, in short), against 13 accused persons.

3.2.1 However, the appellant was not named as an accused in the said FIR.

3.3 The Investigating Agency, thereafter, completed the investigation and a charge-sheet, initially, was filed against the concerned accused Nos. 1 to 8, who were named in the said FIR, on 23.01.2019 and on

07.08.2020.

3.3.1 In the said charge-sheet also, the name of the appellant was not mentioned as an accused.

3.4 In the meantime, the Central Government in exercise of the powers under Section 8(5) of the NIA Act, directed that the investigation in the aforesaid case be carried out by Respondent No.2-NIA vide order dated 29.06.2020, citing reasons for national and international ramifications.

3.5 At this stage, learned Sr. Advocate, Mr. Vermani, submitted that independent of the aforesaid FIR, on 29.01.2020, an FIR came to be registered by the Special Task Force, Mohali (hereinafter, ‘STF, Mohali’) for the offence punishable under Sections 21, 25, 27-A, 29, 61 and 85 of the NDPS Act as well as under Sections 25, 30, 54 and 59 of the Arms Act, 1959 (‘Arms Act’, in short).

3.5.1 Aforesaid FIR is filed against one Sukhbir Singh @ Happy and the name of the present appellant is not mentioned in this FIR. However, during the course of investigation, the name of the appellant was revealed from the disclosure statement made by the said co-accused, i.e. namely Sukhbir Singh @

Happy.

3.5.2 The appellant, in connection with the aforesaid FIR, came to be arrested on 29.01.2020.

3.6 Learned Sr. Advocate, Mr. Vermani, submitted that on the basis of the further secret information received by the STF, Mohali, another FIR, being FIR No. 23 of 2020 came to be registered by it on 30.01.2020, attributing the very same transaction as well as the very same modus operandi and the appellant was shown arrested in the said case also.

3.6.1 The investigation of both the aforesaid FIRs was concluded and the charge-sheets came to be filed. 3.6.2 The appellant, there