IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 27^th February, 2025 National Investigation Agency ...Petitioner Versus Ankush Vipan Kapoor ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sukhdeep Singh Sandhu, Advocate for the petitioner.

Mr. Vipul Jindal, Advocate for the respondent.

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MANISHA BATRA, J (ORAL):-

The instant petition has been filed by the petitioner-National Investigation Agency (hereinafter to be referred as, ‘NIA’) seeking cancellation of benefit of bail granted to the respondent-accused vide order dated 21.09.2021 passed in CRM-M-27365-2021, in case arising out of FIR No. 23 dated 31.01.2020 registered under Sections 21, 25, 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Special Task Force, STF Wing, Amritsar.

2. The facts relevant for the purpose of disposal of this petition are that an FIR bearing No. 20 was registered at Police Station STF, District STF Wing, SAS Nagar, Mohali, on 29.01.2020 under Sections 21, 25, 27-A and 29 of NDPS Act and Section 30 of Arms Act, 1959, on the basis of statement of AIG Rachhpal Singh alleging that one Sukhbir Singh @ Happy was engaged in dealing with illicit weapons and heroin and that on that particular day, he along with contraband and firearms was present in Amritsar and could be apprehended. A special barricade had been laid by Special Task Force. The above named Sukhbir Singh was apprehended. Huge quantity of heroin and one revolver of .32 bore along with live cartridges were recovered from him. He was interrogated and disclosed that the car which was being used by him at the time of recovery belonged to the present respondent and had been given for the purpose of making delivery to some person with a coded name. On the basis of this disclosure, the respondent was nominated as an accused. He was arrested on the same day from his shop. He too suffered disclosure statement and got recovered heroin weighing 3.250 grams. He suffered disclosure statements on 07.02.2020 and 11.02.2020 also leading to recovery of three mobile phones. 3. On 31.01.2020, another FIR No. 23 was registered under Sections 21, 25, 27-A and 29 of NDPS Act at Police Station STF, District STF Wing, Amritsar, on the basis of statement of Rachhpal Singh to the effect that as per the secret information received by him the respondent along with co-accused Sukhwinder Singh @ Happy, Major Singh, Tammana Gupta and Imran Bashar Mal and some other associates had stored huge quantity of heroin in the vicinity of village Sultanwind for further delivery. The name of co-accused Simranjit Singh Sandhu, who had international connections and was engaged in exchange of money through hawala transactions also emerged. The respondent was then arrested in case bearing FIR No. 23 of 2020 as well and recovery of 188 kgs. 950 grams dexomethrophene powder was effected at his instance from a house. After completion of investigation, challan reports were prepared and presented before the Court of competent Jurisdiction.

4. The respondent filed a petition bearing CRM-M-27365-2021 (O&M) titled as Ankush Vipan Kapoor Vs. State of Punjab. This petition was allowed vide order dated 21.09.2021 and the respondent was released on bail. He had also been extended benefit of bail in case bearing FIR No. 20 of

2020 vide order dated 05.07.2021 passed in CRM-M-23889-2021

5. As per the record, prior to registration of FIR Nos. 20 and 23 at Police Station STF, District SAS Nagar, Mohali and STF, District STF Wing, Amritsar respectively, a case bearing FIR/crime No. 01/2018 was registered on 12.08.2018 under Sections 8(c), 21(c), 24, 25, 27-A and 29 of NDPS Act at Police Station Anti Terrorist Squad (ATS) on the allegations of smuggling and distribution of 500 kgs of narcotics by way of elicit transportation of the same from Pakistan to Gujarat via C-route by the accused named therein. As per the allegations, the huge consignment of contraband