Gurmej Singh @ Geju v. Union of India and Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Reserved on.12.11.2025 Pronounced on: 05.12.2025

1. CRA-D-1081-2022 (O&M)

GURMEJ SINGH …. Appellant

Versus

UNION OF INDIA AND ANOTHER …. Respondent

2. CRA-D-42-2024 (O&M)

GURMUKH SINGH …. Appellant

Versus

NATIONAL INVESTIGATION AGENCY …. Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MRS. JUSTICE RAMESH KUMARIo

Present : Mr. Raj Kumar Malik, Advocate and Mr. Robin Singh Hooda, Advocate for the appellant in CRA-D-1081-2022.

Mr. Puran Singh Hundal, Advocate and Mr. Robin Singh Hooda, Advocate for the appellant in CRA-D-42-2024.

Mr. Sukhdeep Singh Sandhu, Special Prosecutor, for the respondent-NIA.

****

RAMESHoKUMARI, J.

¶1This order shall dispose of the abovementioned appeals against dismissal of their second bail applications by the then learned Special Judge, NIA, Punjab.

2 (a) FIR Section 120-B NDPS Act, S (Prevention) Ac 6 of Explosive SHO/ Inspecto received reliab Anokh Singh s (Nihala Kilcha border of Indi above said pers Pakistan in th smuggling of in and explosive intoxicant subs recovered from

Th No.31/2021/NI Prosecution Singh @ Gej

2(b)(i) Th Gejuis that he r Singh @ Shin Harmesh @ K agenda. Those

R No.85 dated 25.08.2021 at IPC, Section 25(1A) Arms A Sections 13, 18-B, 20, 21, 2 ct, 1967 (hereinafter referred to e Substance Act was registered or Gurpreet Singh, P.S. Mamd ble information that Darvesh S s/o of Jagtar Singh resident of a) along with 5-6 unidentified ia Pakistan, having full knowle sons are fully involved in smug he area of Rajasthan and Pun ntoxicant substances (i.e. opium substances. In case, an immedia stances, weapons/ ammunition a m them in huge quantity. he information was also sent t A/DLI was registered. allegations against app ju:- he allegation against the applic received funds amounting to ₹8 nda on the direction of the c ali and delivered to his associa funds were generated from exch

2024 -2-Police Station Mamdot, under Act, Sections 18, 21, 23, 29 of 3, 39 of Unlawful Activities as 'UAP Act'),& Sections 4, 5, d on the basis of ruqqa sent by dot, wherein he stated that he Singh @ Shinda and his father f village Bainke Wale Jhugge persons being resident of the edge about border area and the ggling of articles received from njab and they are involved in m, heroin), weapons, ammunition ate raid is conducted, then said and explosive substances can be o NIA on 06.11.2021 and RC plicant-appellant Gurmej cant-appellant Gurmej Singh @ 8 lakh from co-accused-Darvesh co-accused Harmesh Singh @ ates for executing their terrorist hange of smuggled Narcotics by r f s , y e r e e e m n n d e C

@ h @ t y

co-accused Da Singh, sent from and his associ allegations that @ Shinda han exchange of Na amount was hid the house of Ha and on the direc accused Darves of Hansa Singh applicant-appel kept in his fiel applicant-appel Singh, who is a 2(b)(ii) Fu Singh @ Geju conspiracy. He is close associ accused Harme 2(b)(iii) Th conceal his iden 2(b)(iv) Du Singh @ Geju blue coloured

arvesh Singh @ Shinda and t m across the border by co-accus ates Mansa Sandhu @ Mnnsh t in the second week of August 2 nded over the amount of₹8 lakh arcotics to the applicant-appella dden by co-accused Harmesh Si ansa Singh, residents of Sunder W ction of co-accused Harmesh Sin sh Singh @ Shinda, the bag was h by co-accused Darvesh Singh @ llant Gurmej Singh @ Geju,who lds. On further communication llant Gurmej Singh @ Geju de an employee of Saraj Singh @ Sa urther, the allegation against t is that he has handed over terr is in contact with Pakistan base ate of Lakhbir Singh Rode @ esh Singh@ Harmesh @ Kali, wh he applicant-appellant Gurmej ntity, used SIM cards issued in th uring investigation, house of t was raided on 09.12.2021 and mobile phone OPPO A 54, M

2024 -3-the applicant-appellant Gurmej ed Lakhvir Singh Rode @ Baba h and others. There are further 2021, co-accused Darvesh Singh h derived from the proceeds of ant Gurmej Singh @ Geju. This ingh@ Harmesh @ Kali behind Wale Jhugge, District Ferozepur ngh @ Harmesh @ Kali and co-s dug out from behind the house @ Shinda who handed it over to concealed it under the firewood with Saraj Singh @ Sarpanch, livered this money to Karanbir arpanch. the applicant-appellant Gurmej ror funds to other associates in d Mansa Sandhu @ Mnnsh who Baba, on the direction of co-ho is his younger brother. Singh @ Geju, in order to he name of proxy identities. the applicant-appellant Gurmej during search of his house one Model CPH 2239 bearing IMEI

a r h f s d r - e o d , r j n o - o

e I

No.1. 8620260 No.8991000905 In, revealed in used exclusivel Email accounts WhatsApp Ac WhatsApp.net, 2(b)(v) Ap No.9231144354 and used to talk narcotics substa 2(b)(vi) Im from his mobile @ Geju is inclin 2(b)(vii) Ap Platina bearing Joginder Singh Gurmej Singh same motorcyc which was rec Shinda at the in 2(b)(viii) Th conspiracy with based co-accus

052353259, No.2.862026052353 5309445494U was recovered. T ncriminatory images and contact ly by applicant-appellant Gurm s i.e.saabohisaab@gmail.com an ccount 19084666899@s.WhatsA Facebook ID angrejsaab.saab. pplicant-appellant Gurmej Si 400 of Mansa Sandhu @ Mnnsh k with him and his associates tim ances and terrorist funds. mages of Bhindranwale and of di e set showing that mind set of ap ned towards the ideology of Kha pplicant-appellant Gurmej Singh g registration No.PB059367 whi , his father and this motorcycle @ Geju to transport/conceal/de cle for transporting/concealing/d eived by him from co-accused nstance of Harmesh Singh @ Kal hat applicant-appellant Gurmej h Harmesh Singh @ Kali,Darves ed Lakhbir SinghRode @ Baba

2024 -4-3242 including SIM Card serial The data retrieved from CERT-ts. The said mobile phone was mej Singh @ Geju who has two nd saabsingh70791@gmail.com, App.net and 15636005027@s. ingh @ Gejusaved mobile hin the contact list of his phone me and again regarding receipt of ifferent guns were also retrieved pplicant-appellant Gurmej Singh alistan. h @ Geju used motorcycle Bajaj ich is registered on the name of was used by applicant-appellant eliver consignment and he used delivering terror fund of ₹8 lakh d Darvesh Singh @ Shinda @ li. j Singh @ Geju in criminal sh Singh @ Shinda and Pakistan and his associate Mansa Sandhu l - s o , . e e f d h j f t d h @ l n u

@ Mnnsh cons terror activities 2(b)(ix) Te exchange of s Darvesh Singh @ Geju. 2(b)(x) Ap FIR No.23 date pertains to reco released on ba under Sections Tarn Taran, Pun Prosecution Singh:-

3(a)(i) Ap were arrested Sadar, Phagwar Act, Sections 13/16/17/18/18 120-B IPC, Sec this case. At t Gagandeep Sin and were charg committed by

spired with a common agenda f in the State of Punjab and other error funds were generated fo smuggled narcotics by co-accu @ Shinda and used by the ap pplicant-appellant Gurmej Singh ed 26.10.2017, registered at P.S. overy of arms, heroin and hug il in the said case. He was als 21, 25 and 29 of NDPS Act, Po njab (he has since been acquitted allegations against appli pplicant-appellant Gurmukh Sin in FIR No.92 dated 20.08.202 ra, District Kapurthala under Se 4,5 of Explosive Substanc -B/20 of Unlawful Activities ( ction 12 Passport Act, 1967 whic that time applicant-appellant G ngh were already in custody in ged by NIA before NIA Special them for receiving arms an

2024 -5-for transferring funds for use in r parts of India. for commission of crime in used Harmesh Singh @ Kali, pplicant-appellant Gurmej Singh h @ Geju was earlier arrested in . SSOC Amritsar, Punjab which ge amount of funds but he was o accused in FIR No.161/2017 olice Station Sadar Patti, District d in FIR No.161/2017). icant-appellant Gurmukh ngh and co-accused Gagandeep 21 registered at Police Station ections 25(1AA) 27-54-59 Arms ce (Amendment) Act, 2001, (Prevention) Act, 1967, Section ch is also a connected offence of Gurmukh Singh and co-accused case RC No.31/2021/NIA/DLI l Court, Mohali for the offences d ammunition, hand-grenades, n n , h n h s t h p n s , n f d I s ,

narcotics, expl Singh@ Harme 3(a)(ii) Hu explosive mate co-accused Har were further re appellant Gurm matter of the RCNo.31/2021 cases, co-accus Singh Bhindran Youth Federati Notification No was declared a No.2165(E). L Applicant-appe Rode @ Baba. Harmesh Singh using various e Text Now and evade scrutiny Baba directed Gurmukh Sing successful in r execute his ille

losive materials and tiffin bom esh @ Kali and other co-accused uge quantity of arms and ammun rials and tiffin bombs were rece rmesh Singh@ Harmesh @ Kali eceived by other co-accused an mukh Singh, Gurmeet Singhand e FIR No.92/2021 is contin /NIA/DLI arising out of FIR N sed Lakhbir Singh Rode @ Ba nwale and is the chief of terro ion which was banned by Gov o.15 of 2022 dated 28.03.2002 as an 'individual terrorist' by Lakhbir Singh Rode @ Baba ellant Gurmukh Singh @ Geju is Co-accused Lakhbir Singh Rode h@ Harmesh @ Kali and applica encrypted communication appli also resorted to communication of the Law Enforcement Age Harmesh Singh@ Harmesh @ gh for recruiting more persons radicalising and recruiting the a egal designs for carrying out ter

2024 -6-mbs from co-accused Harmesh d. nition, hand-grenades, narcotics, eived from across the border by i, Darvesh Singh @ Shinda and nd got recovered by applicant-Gagandeep Singh. The subject nuing offence of NIA case No.85/2021. Master mind of the aba, who is nephew of Jarnail rist of outfit International Sikh vernment of India vide Gazette . Lakhbir Singh Rode @ Baba India on 01.07.2020 vide SO is accused in 9 other cases. s nephew of said Lakhbir Singh e @ Baba, motivated co-accused ant-appellant Gurmukh Singh by ications like WhatsApp, Viber, n via virtual numbers in order to encies. Lakhbir Singh Rode @ @ Kali and applicant-appellant in conspiracy and he has been accused persons of this case to rrorist acts in Punjab and other h , y d - t e e l h e a O . h d y , o @ t n o r

parts of India a India. 3 (a) (iii) Th conspiracy. Co Shinda and ap applicant-appel group. The ac Lakhbir Singh entities such as were in touch w other social me 3(a)(iv) Be @ Kali, Darves received total 8 weapons and a India. Out of 12 KG to men sent 3(a)(v) Af Harmesh Singh on the consignm concealing them materials were Singh @ Shin Fazilka Road. A and Darvesh S

and to revive militancy, disturb p here are two separate groups in -accused Harmesh Singh@ Harm pplicant-appellant Gurmej Singh llant Gurmukh Singh and Gaga ctivities of both the groups we Rode @ Baba and others in a s Mansa Sandhu @ Mnnsh, M with them through audio/video dia apps. etween June 2021 to August 20 sh Singh @ Shinda and applicant 8 consignments of narcotics sub mmunition and 12 kg heroin wa 2 kg heroin, 3kg was delivered t t by Mansa Sandhu @ Mnnsh. fter receipt of consignments, h@ Harmesh @ Kali from Lakh ment except narcotics to the oth m at pre-decided locations. Th concealed by Harmesh Singh@ da near milestones 17KM, 19K After concealing the articles, Har ingh @ Shinda used to put a

2024 -7-peace and communal harmony in n the chain of execution of the mesh @ Kali, Darvesh Singh @ h @ Geju in one group while andeep Singh were in the other ere coordinated by co-accused association with Pakistan based Malik Jeera and Miyan and they apps and audio/video calls and 021, Harmesh Singh@ Harmesh t-appellant Gurmukh Singh

stances and explosive materials, as smuggled from Pakistan into to Baldev Singh @ Debu and 9 directions were received by hbir Singh Rode @ Baba to pass her members of the network by he arms, ammunition, explosive @ Harmesh @ Kali and Darvesh KM and 20KM on Ferozepur-rmesh Singh@ Harmesh @ Kali stone/rubber tube or such other n e @ e r d d y d h , o y s y e h - i r

material for eas click a picture Baba for passin these places of seized mobile Singh @ Shind 3(a)(vi) Ap Singh used to c Lakhbir Singh consignment re Consignment, location 1st consignmen Petrol Pump ne 2nd consignmen Petrol Pump ne 3rd consignm Essar Petrol Pu

Grand total:- Pistols IED (Ti 01 rubb

sy identification of the location of the place and would share ng on the information to linked f concealment have been found in phones of Harmesh Singh@ H da. pplicant-appellant Gurmukh Sin collect the consignments from t Rode @ Baba and Mansa San eceived are as under:- timing and delivery Break consig nt 18 July 2021 Essar ear 17 Mile stone  0 m  0  0  Y  0 c nt 30 July 2021 Essar ear 17 Mile stone  0  T ment 03 August 2021 ump near 17 Mile stone  I o H K iffin Bomb) ber tube (one feet long)

2024 -8-by the co-accused. They would it with Lakhbir Singh Rode @ associates. The photographs of n digital data retrieved from the Harmesh @ Kali and Darvesh ngh and co-accused Gagandeep these areas as per directions of ndhu @ Mnnsh. The details of kdown of contents in gnment 02 pistols .30 bore (with magazine, 05 cartridges) 02 Magazines 01 rubber tube (one feet long) Yellow wire bundle Detonators in plastic container 04 grenades Two IEDs/Tiffin Bombs INR 3 Lakh in denominations of INR 500 delivered by Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda 2 Nos. 02 Nos. 1 Nos. d @ f e h p f f n h c s y @ @

Yellow Grenade Magazin Detonat Terror f

3(a)(vii) Th Gurmukh Singh the directions associates linke places around Humbowal un

(Moga) etc. consignments, image/video of Rode @ Baba collect them for 3(a)(viii) Th border were so Singh @ Shind sum of INR 10 Singh@ Harme INR 3 lakh w Gagandeep Sin associates in cr

Wire bundle es nes tor boxes funds hese consignments were pick h and Gagandeep Singh and f of Lakhbir Singh Rode @ B ed in the conspiracy. They con d Jalandhar-Phagwara highway nderpass of Jalandhar-Amritsar for facilitating the terror ac applicant-appellant Gurmukh f the place through WhatsApp, who would direct the other ass r further use. he consignments of narcotics/ old/handed by Harmesh Singh@ da to other associates, as per d 02 Lakh was received by A-1 esh @ Kali received INR 17 L were delivered to applicant-a ngh. Remaining amount of INR ime, as per directions of Mansa

2024 -9-1 Nos. 4 Nos. 4 Nos. 2 Nos. INR 3 Lakh ked up by applicant-appellant further concealed and placed on Baba to be received by other ncealed these items at different y, Virasat Haveli Jalandhar, r highway, Bughipura chowk ctivities. After placing these h Singh would share the Viber, etc. with Lakhbir Singh sociates linked in conspiracy to heroin received from across @ Harmesh @ Kali and Darvesh direction of their handlers and a and A-2. Out of this Harmesh Lakh. Out of this INR 17 Lakh, appellant Gurmukh Singh and 85 lakh was delivered to other Sandhu @ Mnnsh etc. t n r t , k e e h o s h a h , d r

3(a)(ix) That Explosives, IED applicant-appel i. 5

ii.

iii.

iv.

v.

vi. vii

vii

ix.

x.

xi.

xii

xii

xiv

xv

3(a)( x) Th Geju and his a explosives, IED @ Baba and h meant for terro 3,78,000 have

t during investigation of FIR D's, Hand grenades, Arms & Am llant Gurmukh Singh ; 5 Grenades, 2 Boxes Detonators, . 1 small rubber tube Detonator, . 2 Rubber tubes filled with explo 1 yellow wire (Pakistani), . ₹ 3,78,000, i. 1 pistol.45 bore along with ma ii. 24 cartridges, . 14 Indian passports, 1 packet suspicious powder, . 1 Tiffin bomb, i. 4 Pistol magazines, ii. Packing material, v. Mobile phones Apple 12 pro a v. 1 Endeavour car no. PCS 400 B he material recovered from appli ssociate, were part of the consi Ds (Tiffin Bombs), detonator, et his associates, via drones, from a orist activities. The recovered also been identified as includin

2024 -10-R No. 92/2021 the following mmunition were recovered from osive material, agazine, and Samsung, Black colour icant-appellant Gurmej Singh @ gnments of arms, ammunitions, tc., sent by Lakhbir Singh Rode across Pakistan border and were Indian Currency notes of INR ng proceeds of sale of narcotics g m @ , e e R s

and were deliv Singh byDarve 3(a)(xi) That accused includi IPC, 1860, sect Substance Act, Further instigat

Ini Harmesh Sing Gagandeep Sin based in Pakis appellant Gurm Sections 18, 20 Submissions Singh @ Gej

5.

Le contended tha application. No FIR in a nutshe Singh that they and explosives of India. Appli FIR. However, case on 26.10.2 No.161/2017 un

vered to applicant-appellant Gu esh Singh @ Shinda. t the Charge-sheet has been fi ing applicant-appellant Gurmej tion 25(1A) of Arms Act, 1959, , 1908 and sections 18 & 20, 2 tion is still going on. itially charge sheet was filed on gh @ Kali, Darvesh Singh ngh and absconding accused Lakh stan. Supplementary charge she mej Singh @ Geju on 22.04.20 0 and 38 of UAP Act and Section of learned counsel for ap ju:- earned counsel for the appli at learned trial Court commi othing is recovered from his po ell is against two persons Darve y are indulging in smuggling of from Pakistan into India as they icant-appellant Gurmej Singh h applicant-appellant Gurmej Sin 2021. He has already been acqu nder Section 21, 25 and 29 of N

2024 -11-urmukh Singh and Gagandeep iled in the instant case against Singh @ Geju u/s 120-B of the , sections 4, 5 & 6 of Explosive 1, 23 & 38 of UAP Act, 1967. n 04.03.2022 against co-accused @ Shinda, Gurmukh Singh, hbir Singh Rode @ Baba who is eet was filed against applicant-022 under Section 120-B IPC, n 29 of NDPS Act. pplicant-appellant Gurmej icant-appellant Gurmej Singh itted error in dismissing his ssession. The allegations in the sh Singh @ Shinda and Anokh f intoxicant substances, weapons y are residing in the border area has not been named in the said ngh was arrested in the present uitted in case arising out of FIR NDPS Act and under Section 25, p t e e . d , s - ,

h s e h s a d t R ,

54, 59 of Arms been granted b under Section Police Station under Section 2018 under Sec is already on Gurmej Singh @ produced even Applicant-appe Court and then

18.08.2021. On visited the hou his family to p He moved repr taken. He filed know it, they Gurmej Singh CRM-M-35198 case, he was b Gurmej Singh other co-accuse come in the w legislation cont

s Act registered at P.S. Sadar Pa benefit of regular bail in case a 21, 25, 27A,29 of NDPS Act a SSOC, Amritsar. He is falsely 52A of Prison Act at P.S. City ction 42, 52A of Prison Act, P.S bail. Harmesh @ Kala, minor @ Gejuwas picked up by the Po n after lapse of 48 hours bef ellant Gurmej Singh @ Geju file n he was produced before Court n 13.08.2021, some officials fr se of applicant-appellant Gurme roduce him otherwise he would resentation to DGP, Punjab on d CRM-M-35198-2021 and whe threatened him to withdraw it @ Geju refused, he was falsely 8-2021 was dismissed as withd behind bar for three years in an @ Geju is implicated on the b ed. The statutory rigor of Sectio way because the Court can gran tradict the constitutional right o

2024 -12-atti, District Tarn Taran. He has arising out of FIR No.23/2017, and Section 25 of Arms Act at implicated in FIR No.35/2020 y Ferozepur and FIR No.119 of . Gate Hakima, Amritsar and he r brother of applicant-appellant olice on 12.08.2021. He was not fore learned Illaqa Magistrate. ed CRWP-7756-2021 before this t through video conferencing on rom SSOC Staff, Amritsar had ej Singh @ Geju and threatened d be eliminated in an encounter. n 17.08.2021 but no action was en the Police officials came to t and when applicant-appellant y implicated on 25.08.2021 and drawn. Prior to registration of nother case. Applicant-appellant basis of disclosure statement of on 43-D(5) of UAP Act cannot nt bail if the provisions of any f accused (Union of India Vs. s , t f e t t . s n d d . s o t d f t f t y .

K.A Najeeb (2 details of which

i)

ii)

iii)

iv)

v)

He other cases exc

Le vehemently pra Special Court regular bail, he Submissions Gurmukh Si

6.

Le contended that statement of co Gurmukh Singh -Jasveer Singh publishing a Pu appellant Gurm

2021) 3 SCC 713). He is involv h are as under:- FIR No. 210 dated 04.08.20 registered at P.S. Sadar, Fero

FIR No.161 dated 29.09.20 25, 29 of NDPS Act and Se Police Station Sadar, Patti, D ) FIR No.23 dated 26.10.2017 Act and Sections 25 of Ar SSOC, Amritsar (on bail); ) FIR No.35 dated 28.01.202 at P.S. City, Ferozepur (on b

FIR No.119/2018 under se P.S. Gate Hakima, District A e is acquitted in case FIRs No. ept the present one. earned counsel for applicant-ap ayed for setting aside the imp with further prayer that in cas is ready to accept the conditions of learned counsel ingh:- earned counsel for applican t during the investigation of t o-accused-Gagandeep Singh and h in this case due to political rea Rode, former Jathedar of Sri A unjabi Daily newspaper 'Aj Di Aw mukh Singh was arrested on 20.

2024 -13-ved in following other FIRs the 017 u/ss 307, 506, 148, 149 IPC ozepur (acquitted). 17 registered under sections 21, ection 25, 54, 59 of Arms Act at District Tarn Taran (on bail); 7 u/ss 21, 25, 27-A, 29 of NDPS rms Act, 1959 at Police Station 20 u/s 52-A of Prison Act, 1984 bail); ctions 42, 52-A of Prison Act, Amritsar (on bail). .210 and 161 and is on bail in ppellant Gurmej Singh @ Geju pugned order of learned Judge, se he is granted concession of s as imposed by the Court. for applicant-appellant nt-appellant Gurmukh Singh this case, Police recorded the dragged the applicant-appellant asons as he along with his father Akal Takht Sahib, Amritsar was waz' from Jalandhar. Applicant- .08.2021 from Phagwara during e C , t S n , n u , f t h e t r s - g

the investigatio taken away an explosive subs objectionable a his detention

11.01.2022 by in the FIR nor during investig challan was sub sanction to pro 25(1A) of Arm accorded by the FIR No.92 date by the Phagwa Act, 2001, Sect and Sections 1 Profession (Re

30.11.2022unde (Prevention) A applicant-appel

20.08.2021. Th Court without a and Explosive 173Cr.P.C, it w recovery is eff

on of the case. The Police raided n amount of ₹3,78,000/- from tance on the applicant-appellan articles were recovered by the Po in case FIR No.92 dated 20 the Ferozepur Police in the pres there was any recovery of any ation. After completion of the in bmitted by NIA in the Court of osecute the applicant-appellant ms Act and Sections 4,5 and e competent authority. After com ed 20.08.2021, a report under Sec ara Police under Section 25(1AA tions 4, 5 of Explosive Substanc 21/121-A/122/120-B IPC and S egulations) Act, 2014 but ch er Sections 13/16/17/18/18-B/2 Act, 1967, whereas no revision llant Gurmukh Singh was grante he second regular bail application any reason. Sanction to prosecut Substances Act is not taken a was wrongly mentioned that the fected from the applicant-appe

2024 -14-his office and residence and had m his house and planted some nt Gurmukh Singh, though, no olice from his residence. During .08.2021, he was arrested on sent case. He was neither named y objectionable article from him nvestigation in the present case, Special Judge, NIA, Punjab but Gurmukh Singh under Section 6 of Explosive Act, was not mpletion of investigation in case ction 173 Cr.P.C. was submitted A), 54, 59 of Arms (Amended) ces Act (Amendment Act, 2001) Section 13 of the Punjab Travel harges were not framed on 20 of the Unlawful Activities n was filed by the State. The ed bail in case FIR No.92 dated n was dismissed by learned trial te the appellant under Arms Act and in the report under Section e sanction is obtained. Since no ellant Gurmukh Singh sanction d e o g n d m , t n t e d ) ) l n s e d l t n o n

under Arms Ac District Magist provisions hav Kapurthala. Ap allegations aga brother of his but during inve of any such evidence was f of NDPS Act, 1 making it case except in case Substances Act proclaimed off Jathedar Jasbir who happens to is not involved Government to movement as 'K highlighting th mileage. Appli has never addre appellant Gurm while setting as

ct and Explosive Substances A trate, Firozepur. As regards the ve been dropped by learned pplicant-appellant Gurmukh Sing ainst him are that he was talkin father)-Lakhbir Singh (now dec estigation, NIA has not been able telephonic talk. During the i found against the applicant-appe 1985 are also invoked against hi e under the NDPS Act. He is n FIR No.92 dated 20.08.2021 u t, registered at Police Station P fender in any case. He is involv Singh Rode, former Jathedar of o be nephew of late Sant Jarnail d in any criminal case and he ha o tame his father for political co Khalistan Movement' in State o he Khalistan phobia which has cant-appellant Gurmukh Singh essed any political congregation mukh Singh vehemently prayed side the impugned order passed b

2024 -15-Act was rightly not accorded by e offences under UAPA, these d Additional Sessions Judge, gh is in custody since long. The ng to his paternal uncle (elder ceased) stated to be in Pakistan e to find any transcription or text investigation, no incriminating ellant Gurmej Singh. Provisions im but no article was recovered, not involved in any other case under Arms Act and Explosive Phagwara. He is not declared as ved in these cases being son of f Sri Akal Takht Sahib, Amritsar Singh Bhindranwale. His father s been made a scapegoat by the onsiderations. There is no such of Punjab but the Government is no basis, only to gain political is not interested in politics and n. Learned counsel for applicant-for his release on regular bail by learned Judge, Special Court. y e , e r n t g s , e e s f r r e h s l d - l

Submissions

7.

Ar respondent NIA Lakhbir Singh R Sikh Youth Fed help of co-con associates Man weapon, amm Pakitstan via d Singh@ Harme WhatsApp, Vi applicant-appel Kali and on the at the location different place consignments bore (with mag long), yellow w at Essar Petrol containing 04 g

03.08.2021 aga consisting of IN Singh@ Harme applicant-appel the raid of his

of Special Prosecutor for r rguments of Sh. Sukhdeep Singh A is that applicant-appellant G Rode @ Baba who is the chief o deration which is banned by Go nspirators intended to strike terr nsa Sandhu used to send consig munitions, explosive materials/I drones on the border area. He esh @ Kali and applicant-appe iber, Text Now etc. The cons llant Gurmukh Singh and said eir directions, the said articles we ns on the directions of said La es in Punjab for execution of i.e. 1st consignment on 18.07. gazine, 05 cartridge), 02 magaz wire bundle and 02 detonators in l Pump near 17 mile stone, 2 grenades and 02 IEDs/Tiffin Bo ain at same location i.e. Essar P NR 3 lakh in denominations of esh @ Kali and Darvesh Singh llant Gurmukh Singh and conce house, 5 Grenades, 2 Boxes D

2024 -16-respondent-NIA h Sandhu, Special Prosecutor for Gurmukh Singh is nephew of of terrorist of outfit International overnment of India. He with the ror in India. He along with his gnments of narcotic substances, IED(Tiffin Bombs) etc. from motivated co-accused Harmesh ellant Gurmukh Singh through signments were picked up by Harmesh Singh@ Harmesh @ ere further concealed and placed akhbir Singh Rode @ Baba at f terrorist activities. The three 2021 containing 02 pistols .30 zines, 01 rubber tube (one feet plastic container were delivered 2nd consignment on 30.07.2021 ombs and 3rd consignment dated Petrol Pump near 17 mile stone, INR 500 delivered by Harmesh h @ Shinda, were picked up by ealed at different places. During Detonators,1 small rubber tube r f l e s , m h h y @ d t e t d

d , h y g e

Detonator,2 R (Pakistani),Rs. cartridges,14 In Pistol magazine and 1 Endeavo facie proves tha and Mansa San security, unity country.

Ap funds which w smuggled from from Darvesh S over to Karanv direction of ot money by usin Joginder Singh touch with Lakh proved from th which was used sanction to pros for NIA submi exist facts wh commission of support of his c

Rubber tubes filled with expl 3,78,000/-, 1 pistol.45 bor ndian passports,1 packet suspi es, Packing material, Mobile pho our Car no. PCS 400 Black colo at he is working at the instance ndhu @ Mnnsh to strike terror and integrity as well as soci pplicant-appellant Gurmej Sing were generated by sale of nar m Pakistan and delivered to his as Singh alias Shinda which was pr veer Singh, employee of Saraj ther co-accused. He used to c ng motorcycle which was regist h. Applicant-appellant Gurmej S khbir Singh Rode @ Baba and M he data retrieved from mobile p d by him. Charges have been fra secute is also obtained against th its that since charges are frame hich prima facie show the inv f the offences for which they ar contention, he relies upon the jud

2024 -17-losive material,1 yellow wire re along with magazine, 24 icious powder,1 Tiffin bomb,4 ones Apple 12 pro and Samsung our were recovered. This prima of Lakhbir Singh Rode @ Baba in the country to endanger the ial fabric and economy of the h @ Geju used to receive the rcotics substances which were ssociates. He received Rs. 8 lacs roceeds of narcotics and handed j Singh alias Sarpanch on the collect narcotic substances and tered in the name of his father-Singh @ Geju was constantly in Mansa Sandhu @ Mnnsh which is phone recovered from his house amed against them and requisite hem. Learned Special Prosecutor ed against the appellants, there volvement of the appellants in re challaned and charged and in dgment of the Hon'ble Supreme e g a a e e e e s d e d - n s e e r e n n e

CRA-D Nos. 1081-2022 and 42-2024 -18-

Court in Gurwinder Singh vs. State of Punjab, (2024) 5 SCC 40,3 which is in his opinion is magna carta to deal with the cases under UAPA. Discussion:

¶8During the course of arguments, both the learned counsel for the appellants and learned Special Prosecutor for NIA are ad-idem that Section 43D(5) of UAP Act creates some embargo for grant of bail. Contention of learned counsel for the appellants is that said Section is not applicable in the instant appeals whereas learned State counsel vehemently contended that from the facts investigated and stated in report under Section 173 Cr.P.C. and documents annexed thereto, embargo under Section 43D(5) of UAP Act is applicable. This Section reads as under:- �������� Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release: Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section1 ! of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true"#

¶9The proviso to Section 43D(5) of UAP Act clearly states that if Courts are satisfied that the prima-facie allegations against the accused are true after "perusal of case diary or report made under section 173 Cr.P.C." bail cannot be granted. In other words, after examining documents annexed to report under Section 173 Cr.P.C. if the Courts are satisfied that allegations

CRA-D Nos. 1081-2022 and 42-2024 -19-

againstotheoaccusedoareonototrue,obailounderoSectiono43D(5)oofoUAPoActocanobeo granted.oo

10.o o Hon'bleo Apexo Courto ino caseo Gurwindero Singho v.o Stateo ofo Punjab,(2024)o5oSCCo403,oelaboratelyodealtowithowhatoamountsotooaoprima-facieocase.oParagraphso24otoo26oofotheoaforesaidojudgmentoareorelevantowhicho areoreproducedohereinofororeadyoreference:-o o o ���� The source of the power to grant bail in respect of non-bailable offences punishable with death or life imprisonment emanates from Section 439 Cr.P.C. It can be noticed that Section 43-D(5) of the UAP Act modifies the application of the general bail provisions in respect of offences punishable under Chapter IV and Chapter VI of the UAP Act. ��� A bare reading of sub-section (5) of Section 43-D shows that apart from the fact that sub-section (5) bars a Special Court from releasing an accused on bail without affording the Public Prosecutor an opportunity of being heard on the application seeking release of an accused on bail, the proviso to sub-section (5) of Section 43-D puts a complete embargo on the powers of the Special Court to release an accused on bail. �������������������������������������������������������� ������������������������������� �������!"�������������� ������������#��������$����������������������������������� �������%��� &������� ���� %����'��&� ����� ���� ������������ �&������������������������&��������������������������� ��� ��������� ������ �������� �(� ���)��� �������� (�� ��� ���� *+#�+�������������������������������������������������� ���� %�� ��������� ��� %���� ��� ��� ���� ���� %����� ��� ��� ����������&�������������������������������&�������'������ ������%��� ��� ���� ������ �������� ��� ���� ���� ������ ��� ������� ��.����� ��� ���� *+#� +���� ��� ����� ������� ���� ���&��&�� ��� %���� ����������� �������� �������� �������� ���,����������*+#�+��� �-� The conventional idea in bail jurisprudence vis-a-vis ordinary penal offences that the discretion of courts must tilt in favour of the oft-quoted phrase 一 "bail is the rule, jail is the exception" 一 unless circumstances justify otherwise 一 does not find any place while dealing with bail applications under the UAP Act. The "exercise" of the general power to grant bail under the UAP Act is severely restrictive in scope. The form of the words used in the proviso to Section 43-D(5)一 "shall not be released" in contrast with the form of the words as found in Section 43 (1) Cr.P.C 一 "may be released" 一 suggests the intention of the legislature to make bail, the exception and jail,

CRA-D Nos. 1081-2022 and 42-2024 -20-

¶11Hon'ble Apex Court in. Union of India Vs. K.A Najeeb (2021)3 SCC 713, observed as under:- +long custody would be an essential factor while granting bail under the 'APA" Article 51 of the Constitution of India provides right to speedy trial and long period of incarceration would be a good ground to grant bail to an under trial for an offence punishable under the 'APA" It has also been held that the embargo under $ection %!/0 of the 'APA would not negate the powers of the Court to give effect to Article 51 of the Constitution of India"#

¶12In Gurwinder Singh's case (supra), K.A.Najeeb's case (supra) was not followed because in the said case except the appellant, other co-accused had already undergone trial and were sentenced to undergo imprisonment of not exceeding eight years and Hon'ble Apex Court granted bail in anticipation of the impending sentence that the accused (K.A.Najeeb's case) might face upon conviction and also because the accused had already served portion of maximum imprisonment i.e. more than five years. The trial against accused was separated because he was declared proclaimed offender whereas trial against co-accused was completed and they were already sentenced. That factor was considered for grant of bail. Therefore, K.A.Najeeb's judgment cannot be applied to each case in UAP Act without considering the peculiar facts of the said case.

¶13With the assistance of learned counsel for the appellant and learned Special Prosecutor for NIA, we have perused the final report/charge sheet submitted by the NIA before trial Court. The sanction to prosecute Gurmukh Singh and Gagandeep Singh under Sections 13,16, 17, 18, 18-B/20 of UAP Act and other Sections of IPC, Arms Act and Explosive Substances

Act, Section 13 obtained on 14.

14.

Du appellant Gurm mobile phone 8620260523532 No.8991000905 per allegations mobile No.923 regularly in tou Rode @ Baba( Singh @ Geju u smuggled from Though, couns is recovered fro in para No.3(a) Passports and o

15.

Fa narcotic substan and the accused the behest of t Pakistan. The narcotic substa Harmesh Singh allegedly used

3 of the Punjab Travel Professi .02.2022. uring the course of arguments, mej Singh @ Geju has not denied OPPO A 54, Model CPH 259, No.2.862026052353242 5309445494U from his house d against him, there was incrimin 3114435400 was also found in uch with Mansa Sandhu who is a (stated to have died as of now used to collect money after sale m Pakistan and that amount was u el for applicant-appellant Gurm om his possession, but the challa )(viii) of this order. There is n other suspicious materials in his h acts of this case it reveals that nce smuggled from across the b d-appellants are actively involve their masters who are working consignments of arms and am ances i.e. Heroine is delivered fr h @ Harmesh @ Kali, Darv d to separate the narcotic pack

2024 -21-ionals Regulations Act, 2014 is learned counsel for applicant-d the recovery of blue coloured H 2239 bearing IMEI No.1. including SIM Card serial during search on 09.12.2021. As natory material in his phone and n the contact list and he was also in touch with Lakhbir Singh w). Applicant-appellant Gurmej of narcotics material which was used for terror funding. mukh Singh pleaded that nothing an reveals the recovery as noted no reason for keeping 14 Indian house. t money received from sale of border is used for terror funding ed in India for terror funding at from across the border i.e. in mmunition, currency notes and rom across the border. Accused vesh Singh and Gurmej Singh kages from the consignments, s - d . l s d s h

s g d n f g t n d d h ,

photograph the App and other after photograp the house of Da pre-decided des Lakhbir Singh appellant Gurm consignments, 4 Magazines, tw be picked up Singh, conceale prima-facie lea national eleme dimension of an and terrorism. S arms and ammu border of the c was stated to h Saraj Singh, S prima-facie pro trial is in progr fund their activ Conclusion:

16.

In for grant of reg

e arms and ammunitions, explos applications with co-accused La phy, consignment was conceale arvesh Singh @ Shinda and after stinations, photographs were clic Rode @ Baba who used to mukh Singh, non-appellant Ga two pistols, two Tiffin bombs, o wo detonator boxes and terror fu by appellant Gurmukh Singh ed it at difference places for faci ads to the conclusion that both ents who indulge in Narco nti national activities wherein th Since sponsoring terrorism is an unitions, Heroine is smuggled in country to fund terrorist activitie ave been transferred by appellan arpanch. The facts brought on ove the involvement of appellan ress. Since they have links with vities, there are also chances of th view of above discussions, both ular bail. Accordingly, both the

2024 -22-ives etc. and share it via Whats akhbir Singh Rode @ Baba and ed either in the crop fields or in r concealment of consignment at cked and shared with co-accused o give information about it to agandeep Singh. Out of these one rubber tube, four Grenades, unds of Rs. 3 lacs were stated to and non-appellant Gagandeep ilitation of terror activities. This the appellants are part of anti o-terrorism, reflecting another here is a nexus between narcotic n expensive affair and alongwith nside the country from across the es and Rs. 8 lacs as terror fund nt Gurmej Singh to employee of record by the respondent-NIA nts in the terrorist activities. The persons across the border, who heir absconding from trial. h the appellants are not entitled appeals stand dismissed. s d n t d o e , o p s i r c h e d f A e o d

CRA-D Nos. 1081-2022 and 42-2024 -23-

17.o o Anyoobservationsomadeoherein,owhileodecidingotheseoappeals,oshallo haveonoobearingsoonotheomeritsoofotheocase.oo

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(ii)l Theo prosecutiono iso directedo too ensureo theo presenceo ofo allo theo prosecutionowitnessesobeforeotheotrialoCourtoonotheodatesoasomayobeo fixedobyo theotrialo Courto foro recordingoprosecutiono evidence.o Theo DistrictoAttorneyoconcernedotootakeonecessaryostepsoforotheopurposeo ofosecuringotheopresenceoofotheoremainingoprosecutionowitnesses; o o oAocopyoofothisoorderobeoplacedoinotheoconnectedofile.oo o o o o o o o o o o o (oGURVINDERoSINGHoGILLo)o o o (RAMESHoKUMARI)o o ooooooooooJUDGEo o o o o o oooooJUDGEo o o o o o o o o

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