IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JUDGMENT JUDGMENT OPERATIVE PART UPLOADED ON RESERVED PRONOUNCED PRONOUNCED OR ON ON FULL

10.03.2026 06.04.2026 FULL PRONOUNCED 06.04.2026 CRA-D-721-2025 (O&M)

Varinder Singh ...Appellant Versus National Investigation Agency (NIA) …Respondent CRA-D-24-2026 (O&M)

Dharminder Singh @ Dhanna ...Appellant Versus National Investigation Agency (NIA) …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. Ashish Aggarwal, Advocate, for the appellant in CRA-D-721-2025.

Mr. Anmol Partap Singh Mann, Advocate and Mr. Navjot Singh Sidhu, Advocate, for the appellant in CRA-D-24-2026.

Mr. S.S. Sandhu, Special Public Prosecutor for the respondent-NIA.

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ANOOP CHITKARA, J.

RC No. Dated Police Station Sections

03/2020/ 22.01.2020 National 13, 17, 18, 18-B, 38 & 40 of UA(P) NIA/DLI Investigation Act, Sections 21, 27-A & 29 of Agency, New Delhi NDPS Act, 1985 and 120-B IPC Bail Application number of appellant-Varinder CIS No.BA-519/2025 Singh before the Sessions Court CNR No.PBSA010013742025 Date of Decision 13.03.2025 Bail Application number of appellant CIS No.BA-3338/2025 Dharminder Singh @ Dhanna before the CNR No.PBSA010092852025 Sessions Court Date of Decision 11.11.2025

1. Since the primary point involved in both the appeals is bail on prolonged custody, as such, we propose to decide both the appeals by a common judgment. The facts are being taken from reply filed in the case of Varinder Singh i.e., CRA-D-721-2025.

2. Aggrieved by the dismissal of regular bail by the Special Judge, NIA, SAS Nagar, Mohali vide orders dated 13.03.2025 and 11.11.2025, the appellants had come up before this Court by filing the present appeals under Section 21 of the National Investigation Agency Act, 2008.

3. In paragraph 2 of Note of the grounds of appeal, appellant-Varinder Singh declares that he has no criminal antecedents. However, as per the custody certificate, the accused has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1. 90/2019 22.02.2020 4, 5 ES, 120-B IPC, 17, NIA (RC-07/2020) 18, 18B, 20 of UAP Act

4. In paragraph 15 of the grounds of appeal, appellant, Dharminder Singh @ Dharma, has stated that three other FIRs are pending against him; however, he has not provided any details thereof. However, as per custody certificate dated 05.03.2026, no other case is pending against him.

5. The appellants’ counsel submits that the appellants would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the appellants repeat the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and to which the appellants shall have no objection. Counsel for the appellants further submits that they shall not use their right of speech expression beyond what is permitted under Article 19 of the Constitution of India.

6. The State’s counsel opposes the bail.

7. The facts are being taken from reply filed in the case of Varinder Singh.

8. Accused Jajbir Singh Samra (A-1), Harpreet Singh (A-2) and accused Varinder Singh (A-3) (appellant in CRA-D-721-2025) were arrested on 31.05.2019 because they were found in possession of 500 grams of Heroin and ₹1,20,000/- which was termed as drug money. In the personal search of all the accused, 400 grams were recovered from A-1 Jajbir Singh Samra, 90 grams from A-2 Harpreet Singh and 10 grams from A-3 Varinder Singh. Based on such information, the police had registered FIR under Sections 21 and 27 of NDPS Act and had arrested them.

9. After that, Sections 4 and 5 of Explosives Substances Act was registered at Police Station Raja Sansi, Amritsar (Rural) because of the recovery of 2 hand grenades and 01 mobile phone from the possession of two unknown p