SATPAL SINGH Vs. NATIONAL INVESTIGATION AGENCY, NEW DELHI

JUDGEMENT

(1.) This appeal under Section 21 (4) of the National Investigation Agency Act 2008 (NIA Act) is directed against an order dated 4th July, 2020 passed by the learned Special Judge, NIA, Punjab, S.A.S. Nagar (Mohali) (hereafter, 'Special Judge, NIA') in NIA case RC-03/2020/NIA/DLI, dated 22nd January, 2020 under Sections 13 and 17 of the Unlawful Activities Prevention Act, 1967 (UAPA), Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act 1988 (NDPS Act), and Section 120-B of IPC registered at Police Station (PS) NIA, New Delhi. By the said impugned order the Special Judge, NIA dismissed the Appellant's application for regular bail under Section 439 of the Code of Criminal Procedure (CrPC).

(2.) For the purpose of the present appeal, the facts need not be discussed in great detail. Initially, FIR No.75 dated 31st May 2019 was registered at PS Tarsika Amritsar against three persons viz., Jagbir Singh Samra (A-1), Harpreet Singh @ Happy (A-2) and Varinder Singh Chahal (A-3) on the basis that they were found to be in possession of 400 grams, 90 grams and 10 grams of heroin, respectively. Subsequently, the case was handed over to the State Special Operation Cell (SSOC), Amritsar. Thereafter, three more accused viz., Nirmal Singh @ Neeldhari (A-4) Satpal Singh (the present Appellant) (A-5) and Hiralal (A-6) were arrested on 2nd, 5th and 9th December, 2019 respectively. It is stated that the SSOC investigation revealed that Harmeet Singh@Ph.D (A-10), self-styled chief of the Khalistan Liberation Force (KLF) based in Pakistan, and Jasmeet Singh Hakimzada (A-9) stated to be involved in smuggling heroin and psychotropic substances around the world hatched a conspiracy to run a narco-terror network through drug smugglers and hawala operators based in Punjab Jammu & Kashmir and Delhi.

(3.) On 8th January 2020, the SSOC added Sections 13 and 17 UAPA and an intimation in that regard was sent to the central government, on whose orders, the NIA took over the investigation of the case and registered the original case as RC-03/2020/NIA/DLI under Sections 13 and 17 UAPA and Sections 21 and 29 of the NDPS Act on 22nd January 2020. NIA filed the first supplementary chargesheet in the Court of the Special Judge NIA on 29th May 2020.