IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Reserved on : 08.12.2025

Date of Decision: 19.12.2025

Amit Gambhir

... Appellant

V/S

National Investigation Agency

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

HON'BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. R.S. Cheema, Senior Advocate with

Mr. Ishan Khetarpal, Advocate

for the appellant.

Mr. Sukhdeep Singh Sandhu, Special Prosecutor

for the respondent-NIA.

***

RAMESH KUMARI, J.

1. Prayer in this appeal is for setting aside order dated 17.07.2023, passed

in the 4^th bail application No. 1635 of 2023 by Special Judge, NIA, Punjab, SAS Nagar (Mohali) wherein appellant's prayer for bail pending trial in RC No.18/2019/NIA/DLI dated 24.07.2019 under Section 120-B, 121-A, 122 of IPC, Sections 8, 16, 17, 18, 23, 24, 29 and 32(b)(e) of NDPS Act and Sections 18, 18-B and 20 of Unlawful Activities

(Prevention) Act (for short 'UA(P) Act’).

2. Brief facts, as per prosecution version, are that a Pakistani truck

bearing No.C-1704 having a permit dated 26.06.2019, issued by Pakistan Customs, entered Indian territory at about 5:40 P.M. on 26.06.2019. Driver of truck, one Asif Raja offloaded 600 polypropylene bags of

consignment declared as light pink rock salt granules at godown no.3A of Central Warehousing Corporation. This consignment was imported by Gurpinder Singh of M/s Kanishk Enterprises from Pakistan and exported by M/s Global Vision Impex. Consignment, after appraisement was examined on 29.06.2019, upon which suspicious whitish substance was found in one of polypropylene bags. Entire consignment was examined, out of which 16 of polypropylene bags were found to contain the whitish colored powder/granules which was suspected to contain narcotic substance that is heroin. After following due procedures 532 kilogram heroin and 52 kilogram mixed narcotics having the cost of about 72700 crores in international market was seized by the Custom Department. Gurpinder Singh (since dead) in his statement dated 30.06.2019 disclosed that consignment was to be delivered to Tariq Ahmad Lone, co-accused and in his statement dated 01.07.2019, Gurpinder Singh stated that truck bearing registration no.PB-46-M-8096 was to be used for transportation of rock salt consignment. During investigation, a conspiracy to smuggle narcotics into India via ICP, Attari, Amritsar was discovered. Keeping in view the nature and gravity of offence, NIA was directed vide order dated 23.07.2019, passed by Ministry of Home Affairs, CTCR Division, North Block, to take over investigation of the case, upon which RC No.18/2019/NIA/DL1 dated 24.07.2019, under Section 120-B, 121A, 122 of IPC, Sections 17, 18, 18-B, 20 of UA(P) Act, and 32(B)(e) of NDPS ACT was registered. Gurpinder Singh and accused Tariq Ahmad Lone were arrested by the Department of Custom. In the investigation by NIA, it was further revealed that consignment of narcotics in question, concealed in rock salt was one amongst a series of six other such consignments. It was found that Farookh Lone (maternal uncle of Tariq Ahmad Lone) and Sahil in Pakistan sent the contraband alongwith money for import duty as well as purchase price of the goods purported to be rock salt. Payment of consignments was made by Tariq Ahmad Lone, from Jammu & Kashmir, who received money from Sahil and Farookh Lone through Hawala channel in which present appellant played a key-role, since he was in touch with Tariq Ahmad Lone. Truck in question was found to be the same which was used for transportation of rock salt consignment and delivery to the godown at Ram Tirth Road, Amritsar, which was operated by Ranjit Singh and Iqbal Singh, though neither of these two were known to the trade of rock salt. Owner of truck (Indian truck No.PB-46M-8096 used to transport the consignment to abovesaid godown) was Jasbir Singh and its driver Nirbhail Singh.

3. It is the case of prosecution that present is a case of Narco Terrorism having National and International ramifications. On the basis of investigatio