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

Mr. D.S. Gandhi, Advocate for the respondent.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 439(2) of Cr.P.C. by the petitioner-National Investigation Agency (for short, 'NIA' ) seeking cancellation of benefit of bail extended to the respondent vide order dated 17.09.2020 passed by this Court in CRM-M-12959-2020 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, Punjab.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that an FIR bearing No. 20 dated 29.01.2020 was registered under Sections 21,25, 27-A and 29 of NDPS Act read with Section 30 of Arms Act, 1959, at Police Station STF Wing, District SAS Nagar, Mohali, on the statement of AIG Rachhpal Singh alleging that one Sukhbir Singh @

Happy was dealing in illicit weapons and contrabands. It was informed that at that time, he was present in Amritsar City and could be apprehended. The aforesaid Sukhbir Singh @ Happy was arrested on the same day. He suffered a disclosure statement on the basis of which co-accused Ankush Vipan Kapoor was nominated as such. He too was arrested on the same day. He got recovered narcotic substance heroin weighing 3.250 kgs in pursuance of disclosure statement. The subsequent disclosure statements suffered by him on 07.02.2020 and 11.02.2020, led to recovery of some mobile phones.

3. As per the further allegations, FIR No. 23 was registered on 31.01.2020 under Sections 21, 25, 27-A and 29 of NDPS Act at Police Station STF, District STF Wing, Amritsar, on the basis of statement recorded by the above named AIG Rachhpal Singh alleging that a secret information was received by him to the effect that accused Sukhwinder Singh and Ankush Vipan Kapoor along with their accomplices Major Singh, Tammana Gupta, Imran Bashar Mal and others had stored huge quantity of contraband in the area of village Sultanpur, Amritsar for the purpose of further delivery. The accused Ankush Vipan Kapoor was arrested and recovery of huge quantity of dextromethorphane powder along with intoxicant liquid chemical, caffeine charcoal and instruments for preparing heroin was effected at his instance. The accused Ankush Vipan Kapoor suffered disclosure statement to the effect that in August, 2019, he had received a call from one Tanvir Singh, resident of Australia, who had sent an amount of Rs. 10,00,000/- through some person and had asked the accused- Ankush Vipan Kapoor to hand over the said amount of money to the respondent, who was running a money changer shop under the name of Raja and Company. The accused Ankush Vipan Kapoor further disclosed that after receipt of the above said amount, he had handed over the same to the respondent and that the said money was drug money used in hawala transaction. After completion of investigation, challan was presented in the case bearing FIR No. 20 as well as 23. On his disclosure, the respondent was nominated as an accused and was arrested in case bearing FIR No. 23. The respondent filed a petition bearing No. CRM-M-23889-2021 under Section 439 of Cr.P.C. before this Court for grant of regular bail in case bearing FIR No. 23 vide order dated 17.09.2020, the said petition had been allowed and he was enlarged on bail.

4. As revealed from the record, prior to registration of FIR No. 20 dated 29.01.2020 and FIR No. 23 dated 31.01.2020 in the State of Punjab, another case bearing crime No. 01 of 2018 was registered at Police Station Anti Terrorist Squad (ATS), Ahmadabad, Gujarat under Sections 8(c), 21(c), 24, 25, 27-A and 29 of th