IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision 08.12.2025 National Investigation Agency .....Appellant Versus Ajay Gupta ......Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. Sukhdeep Singh Sandhu, Special Public Prosecutor for the appellant-NIA.

Mr. Aman Bansal, Advocate for the respondent.

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RAMESH KUMARI J.

1. The present appeal has been filed by the appellant-NIA against impugned order dated 25.11.2019 rendered by the learned Special Judge, NIA, Punjab, SAS Nagar Mohali vide which the respondent-Ajay Gupta has been enlarged on regular bail in NIA Case No.RC No.18/2019/NIA/DLI dated 24.07.2019 under Sections 120-B, 121-A, 122 IPC, Sections 17, 18, 18-B, 20 of The Unlawful Activities (Prevention) Act and Sections 8, 16, 17, 18, 23, 24, 29, 32(b) (e) of NDPS Act.

FACTUAL MATRIX OF NIA CASE

2. a) On 29.06.2019 Custom Commissionerate, Amritsar at its Integrated Check Post (ICP), intercepted two persons namely Gurpinder Singh an Amritsar based trader and Tariq Ahmed Lone from Handwara, J&K which resulted in seizure of 532 Kg. of Heroin and 52 Kg. of mixed narcotics [Total 584 Kg the international market value of which is approximately 2700 Crores] which was being illegally smuggled into India from Pakistan in the truck in which the accused were allegedly importing black salt. The Customs department registered a case under Customs Act and NDPS and during the course of investigation the customs department in total arrested 6 persons i.e. Gurpinder Singh Babbar, the importer of that consignment, Tariq Ahmad Lone who is said to be the actual buyer of the consignment. During the course of investigation, the Customs Department also arrested respondent-Ajay Gupta who was earlier importer for the consignment of Rock Salt for the same buyer Tariq Ahmad Lone. It was found that all these consignments were transported by the trucks belonging to Jasbir Singh. Hence, Jasbir Singh and his truck driver Nirbhail Singh were also arrested. Two other accused Ranjeet Singh @ Rana and Iqbal Singh are absconding.

b) During investigation, the involvement of an international drug racket based in Pakistan as well as in Afghanistan has come to light. This being a case of narco-terrorism, having national and international implications that required in-depth investigation as to the funding of different terror groups through the proceeds of the narcotics consignment being smuggled from across the international border, the Government of India, Ministry of Home Affairs, CTCR Division North Block vide its order F. No. 11011/38/2019/NIA, dated 23.07.2019 issued as per provision of sub-section (4) of section 6 read with section 8 of National Investigation Agency Act, 2008, directed the NIA to take up the investigation of this case.

In compliance with the Ministry of Home Affairs order F. No.

11011/38/2019/ΝIA, dated 23.07.2019, National Investigation Agency, New Delhi re-registered the case RC-18/2019/NIA/DLI dated 24.07.2019 Annexure A-1 Under Sections 120B, 121A, 122 of IPC 17, 18, 18-B & 20 of UA (P) Act and 8, 16, 17, 18, 23, 24, 29 and 32 (B)(e) NDPS Act and took up investigation of the case.

c) After investigation of the case, charge-sheet was filed on 27.12.2019 against the arrested and wanted accused persons namely (i) Gurpinder Singh (A-1); (ii) Tariq Ahmad Lone (A-2); (iii) Jasbir Singh (A-3); (iv) Nirbhail Singh (A-4); (v) Sandeep Kaur (A-5); (vi) Ajay Gupta (A-6); (vii) Ranjeet Singh @ Rana (A-7) (viii) Iqbal Singh (A-8); (ix) Farookh Lone (A-9); (x) Sahil (A-10); (xi) Sohaib Noor (A-11); (xii) Amir Noor (A-12) under Section 120B of the IPC; Sections 8 r/w section 21, 23, 12 r/w 24, 29 of the NDPS Act and Sections 17, 18 & 20 of the Unlawful Activities (Prevention) Act, 1967 and against the firms namely (xiii) M/s Kanishk Enterprises Pvt. Ltd (A-13): (xiv) M/s Gupta Fast Forwarders (A-14), (xv) M/s Global Vision Impex (A-15); (xvi) M/s Aimex General Trading Company-Pakistan fi