HARMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for directing the Respondents to give an advance notice in case the Petitioner is required to be detained pursuant to the Notice dtd. 13.08.2021(Annexure P-3) issued by the respondent No.3. i.e. National Investigation Agency (hereinafter referred to as the "NIA").

(2.) The brief facts of the case are that the petitioner is stated to be working as Work Inspector in the P.W.D Department, Punjab since the year 2016. An FIR No.135 dtd. 25.04.2020 was registered under Ss. 10,11,13,17,18,20,21 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act of 1967) at Police Station Sadar, Amritsar in which two persons namely Bikram Singh @ Vicky and Maninder Singh @ Manni were arrested. The investigation in the same was transferred to NIA and the case was registered as RC- 23/2020/NIA/DLI dtd. 08.05.2020 under Ss. 10 ,11,13,17,18,20,21 of the Unlawful Activities (Prevention) Act, 1967 (Amendment 2012). During investigation, the name of one Gursant Singh S/o Dilbagh Singh, who is stated to be the paternal uncle of the petitioner, surfaced and the said Gursant Singh was arrested by the NIA in June 2020 and since then, he is in custody. The challan in the case has been presented against 8 persons including the said Gursant Singh as apparent from the orders dtd. 20.10.2020 as well as 12.08.2021. It is further submitted that on 13.08.2021, the NIA issued a notice under Sec. 160 Cr.P.C. to the petitioner in which the petitioner was directed to appear on 15.08.2021 at 16:00 hours. It is submitted that instead of complying with the said notice under Sec. 160 Cr.P.C. and appearing before the NIA, the petitioner has filed the present petition.

(3.) It has been averred in paragraph 6 of the present petition that the petitioner was on duty on 15.08.2021 on the occasion of Independence Day being a government servant. At any rate, no reply was filed to the said notice under sec. 160 Cr.P.C. nor the petitioner has appeared in pursuance of the same before the NIA.