DHARMINDER SINGH Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Appellant is aggrieved of rejection of his petition for bail pending trial in FIR No.RC-03/2020/NIA/DLI dtd. 22/1/2020 under Ss. 13/17 of UA(P) Act, and Ss. 21/29 of NDPS Act, Police Station NIA, New Delhi and FIR No.75 dtd. 31/5/2019 under Ss. 21/25/27A/29 of NDPS Act, Police Station Tarsika, Amritsar.

(2.) Brief facts necessary for adjudication of this matter are that, FIR No.75 dtd. 31/5/2019 under Ss. 21/25/27A/29 of NDPS Act was registered at Police Station Tarsika, Amritsar with three persons as accused, namely, Jajbir Singh Samra, Harpreet Singh @ Happy and Varinder Singh Chahal. Said FIR was registered with the allegations that police party headed by ASI Manjit Singh of Police Station Tarsika laid a Naka on the basis of secret information. A Hyundai Verna car bearing registration No. PB46-U-4761 coming from Sarao side was signalled to stop, but driver of the car tried to flee. The car was, however, apprehended. 400 gms of heroin from Jajbir Singh Samra, 90 gms heroin from Harpreet Singh @ Happy and 10 gms heroin from Varinder Singh Chahal was recovered. Cash amount of '1,20,000/- alongwith other material was also recovered. Nirmal Singh @ Neeldhari was arrested during course of investigation by the State Special Operation Cell, Amritsar and on the basis of disclosure by Nirmal Singh @ Neeldhari, one Satpal Singh and Hira Lal were arrested for mobilizing proceeds from drug trafficking.

(3.) Investigation of the matter was handed over to National Investigating Agency (NIA) by the Central Government, New Delhi vide order dtd. 20/1/2020. Matter was re-registered as NIA case. Present appellant was nominated as an accused on account of disclosure statement of Jajbir Singh Samra and Harpreet Singh @ Happy who were apprehended on the spot. The appellant is alleged to be the owner of Maruti Ritz car bearing registration No.PB10-CY-6061 which was used in drug trafficking. It is alleged that the appellant used to purchase drugs from co-accused Jajbir Singh Samra (arrested on the spot) for self consumption as well as for sale of the same. As per prosecution case, the accused persons are involved in running a narco-terror network which was controlled by one Harmeet Singh @ PHD, a self-styled chief of Khalistan Liberation Force. The network is stated to be comprised of a number of elements involved in buying/selling of heroin and channelizing the proceeds through nonbanking channel of Hawala operators to Dubai and Pakistan. Insofar as allegations against the present appellant are concerned, it is alleged that he used to procure drugs from accused Jajbir Singh Samra and vehicle bearing registration No.PB10-CY-6061 owned by the appellant was actively used by him and accused Harpreet Singh @ Happy in the said activities. It is on the disclosure statement of Harpreet Singh @ Happy that Maruti Ritz car bearing registration No.PB10-CY-6061, belonging to the appellant, was recovered from the bushes near Jandiala canal bridge (pul nahar).