MANISHA BATRA, J (ORAL):-
The instant petition has been filed by the petitioner-National
Investigation Agency (hereinafter to be referred as, ‘NIA’) seeking
cancellation of benefit of bail granted to the respondent-accused vide order
dated 21.09.2021 passed in CRM-M-27365-2021, in case arising out of FIR
No. 23 dated 31.01.2020 registered under Sections 21, 25, 27-A and 29 of
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS
Act’) at Police Station Special Task Force, STF Wing, Amritsar.
2. The facts relevant for the purpose of disposal of this petition are
that an FIR bearing No. 20 was registered at Police Station STF, District
STF Wing, SAS Nagar, Mohali, on 29.01.2020 under Sections 21, 25, 27-A
and 29 of NDPS Act and Section 30 of Arms Act, 1959, on the basis of
statement of AIG Rachhpal Singh alleging that one Sukhbir Singh @ Happy
was engaged in dealing with illicit weapons and heroin and that on that
particular day, he along with contraband and firearms was present in
Amritsar and could be apprehended. A special barricade had been laid by
1 of 10
Neutral Citation No:=2025:PHHC:029361
Special Task Force. The above named Sukhbir Singh was apprehended.
Huge quantity of heroin and one revolver of .32 bore along with live
cartridges were recovered from him. He was interrogated and disclosed that
the car which was being used by him at the time of recovery belonged to the
present respondent and had been given for the purpose of making delivery to
some person with a coded name. On the basis of this disclosure, the
respondent was nominated as an accused. He was arrested on the same day
from his shop. He too suffered disclosure statement and got recovered
heroin weighing 3.250 grams. He suffered disclosure statements on
07.02.2020 and 11.02.2020 also leading to recovery of three mobile phones.
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