IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 27^th February, 2025 National Investigation Agency ...Petitioner Versus Arjun Attwal ...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 present petition has been filed by the petitioner under Section 439(2) of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) seeking benefit of cancellation of bail as granted to the respondent-accused vide order dated 21.09.2021 passed by this Court in CRM-M-36896-2021 in case arising out of FIR No. 23 dated 30.01.2020 registered under Sections 21, 25, 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’) 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. 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 @ Happy was apprehended. Huge quantity of heroin and one revolver of .32 bore along with live cartridges was recovered from him. He was interrogated and disclosed that the car which was being used by him at that time, belonged to co-accused Ankush Vipan Kapoor and had been given for the purpose of making delivery to some person with a coded name. On the basis of this disclosure, co-accused Ankush Vipan Kapoor was nominated as an accused.

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 accused Ankush Vipan Kapoor 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 hwala transactions also emerged. Accused Ankush Vipan Kapoor 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. Subsequently, the co-accused Major Singh, Sukhwinder Singh were arrested. They suffered disclosure statements to the effect that on 04.01.2020, they along with the present respondent and co-accused Sukbhir Singh @ Happy had gone to Kotakpura in two cars and had brought 08 kgs of heroin from a truck. The contraband was weighed and on 07.01.2020, it was delivered to some other persons. On the basis of these disclosure statements, the respondent was arrested on 06.02.2021. He filed a petition CRM-M-36896-2021 and was ordered to be enlarged on bail vide order dated 21.09.2021. The petitioner-NIA filed this petition on 02.05.2023, seeking cancellation of benefit of bail as granted to the respondent on 21.09.2021 by submitting that the investigation conducted in RC No.26/2020/NIA/ DLI dated 02.07.2020 has revealed that out of 500 kgs of heroin smuggled from Pakistan to Gujarat, consignment of 200 kgs was transported to Amritsar and had been received by the accused Sukhbir Singh @ Happy with the help of present respondent, co-accused Ankush Vipan Kapoor, Major Singh and Sukhwinder Singh. After completion of investigation, challan report was prepared and presented before the Court of competent Jurisdiction.

4. The instant