IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-D-1169-2024 (O&M)

Date of Decision: 04.02.2026 GAGANDEEP SINGH ALIAS GAGAN ALIAS JARMANJIT SINGH @ NONA ... APPELLANT Versus NATIONAL INVESTIGATION AGENCY ... RESPONDENT CORAM:- HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Amit Agnihotri, Advocate, (Arguing Counsel)

Ms. Mani Makkar, Advocate Ms. Anju Sharma, Advocate Mr. Abhishek Jindal Advocate for the appellants. Mr. Sukhdeep Singh Sandhu, Special Prosecutor, National Investigation Agency.

*****

SANJIV BERRY, J.

1. The instant appeal has been preferred by the appellant under Section 21(4) of the National Investigation Agency Act (in short ‘NIA, Act’) against order dated 02.08.2024 passed by learned Special Court, SAS Nagar Mohali whereby the regular bail of the appellant was dismissed in case bearing RC/23/2020/NIA/DLI DATED 08.05.2020 registered at Police Station National Investigating Agency, New Delhi under Sections 120-B, 201, 419, 471, 496, 489 (C) of IPC, Sections 21 read with 21 (C), 24 read with 12, 23, 25, 27, 27A, 29, 31 of NDPS Act, Sections 17, 18, 20, 38, 40 of Unlawful Activities (Prevention) Act, 1967 (Amended in 2012) (for short “UAPA”), Section 25 and 29 of Arms Act and Section 12(1) (B) of the Passport Act. (Initially registered at P.S. Sadar Amritsar, bearing FIR No. 135 dated 25.04.2020).

2. In nutshell, the facts of the case are that FIR No. 135 dated 25.04.2020 under Sections 10, 11,13,17,18,20,21 of “UAPA”, at Police Station Sadar Amritsar on the allegations that on 25.04.2020 Amarnath Inspector, Police Station Sadar Amritsar received a credible information regarding one Hilal Ahmed Shergojri (A-1) r/o District Pulwama, J&K, who was an active member of banned terrorist organization Hizbul-Mujahideen (HM) and was a close accomplice of Riyaz Ahmed Naikoo (A-13) area commander of HM, District Pulwama, had come to Amritsar on the directions of A-13 to collect funds in a truck bearing No. JK-03-F-2261. On the direction of Riyaz Ahmed (A-13), A-1 had received money from an unknown person, which was to be used for carrying out terrorist activities and for disturbing peace in India and Hilal Ahmed (A-1) had planned to get back to Kashmir that night’. Pursuant to information, the police team proceeded for Metro Supermarket, By Pass Amritsar and was able to ₹

arrest A-1 Hilal Ahmed Shergojri alongwith 29 lacs in his possession. During investigation, bail applicant was arrested along with co-accused Ranjeet Singh @ Cheeta (his brother) on 09.05.2020 from their hideout at Sirsa, Haryana where he was hiding himself along with his brother, after seizure of 532 kg of illegally smuggled heroin in the garb of imported rock salt granules by Custom department at Attari Border on 29.06.2019. Bail applicant Gagandeep Singh is thus shown to be involved in the illicit business of heroin smuggling with co-accused (Ranjeet Cheeta) and accused (Iqbal Shra).

2.1 Thereafter investigation of the case was entrusted to National Investigation Agency, New Delhi vide RC-23/2020/NIA/DLI dated 08.05.2020 registered under Section 17, 18, 20, 38 and 40 of UA(P) Act at PS Sadar, Amritsar, Punjab.

3. We have heard learned counsel for the parties.

4. It is inter alia contended by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case simply on the basis of the fact that his brother Ranjit Singh @ Cheeta is allegedly involved in smuggling activities. The allegations levelled against the petitioner are baseless and lack any substantive proof. He contends that there is no concrete evidence on record to establish the allegations against the petitioner being involved in alleged investment of the proceeds of crime and he is in custody for last more than 5 years and completion of trial will take sufficient long time. He contends that co-accused A-3 Maninder Singh @ Mani, A-4 Ranjeet Singh @ Giani, A-5 Jaswant Singh @ Jassa were granted concession of bai