Punjab-Haryana High Court
Gurmej Singh @ Geju vs Union Of India And Another on 5 December, 2025
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on
on.12.11.2025
Pronounced on
on: 05.12.2025
1. CRA
CRA-D-1081-2022 (O&M)
GURMEJ SINGH .... Appellant
Versus
UNION OF INDIA AND ANOTHER .... Respondent
2. CRA
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 KUMARI
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
Mr. Robin Singh Hooda, Advocate for the appellant
in CRA-D-42-2024.
Mr. Sukhdeep Singh Sandhu, Special Prosecutor,
for the respondent-NIA.
****
RAMESH KUMARI, KUMARI J.
1. This order shall dispose of the abovementioned appeals against dismissal of their second bail applications by the then learned Special Judge, NIA, Punjab.
1 of 23 ::: Downloaded on - 08-12-2025 23:16:01 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -2- 2 (a) FIR No.85 dated 25.08.2021 at Police Station Mamdot, under Section 120-B B IPC, Section 25(1A) Arms Act, Sections 18, 21, 23, 29 of NDPS Act, Sections 13, 18-B, 18 B, 20, 21, 23, 39 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAP Act Act'),& & Sections 4, 5, 6 of Explosive Substance Act was registered on the basis of ruqqa sent by SHO/ Inspector Gurpreet Singh, Singh, P.S. Mamdot, wherein he stated that he received reliable information that Darvesh Singh @ Shinda and his father Anokh Singh s/o of Jagtar Singh resident of village Bain Bainke ke Wale Jhugge (Nihala Kilcha) along with 5-6 5 6 unidentified persons being resid resident of the border of India Pakistan, Pakistan having full knowledge about border area and the above said persons are fully involved in smuggling of articles received from Pakistan in the area of Rajasthan and Punjab and they are involved in smuggling of intoxicant substances (i.e. opium, heroin), weapons weapons, ammunition and explosive substances.
substances. In case, an immediate raid is conducted, then said intoxicantt substances, weapons/ ammunition and explosive substances can be recovered from them in huge quantity.
The information was also sent to NIA on 06.11.2021 and RC No.31/2021/NIA/DLI was registered. Prosecution allegations against applicant applicant-appellant Gurmej Singh @ Geju:-
Geju 2(b)(i) The allegation against the applicant applicant-appellant Gurmej Singh @ Gejuis is that he received funds amounting amount to ₹88 lakh from co-accused-Darvesh Darvesh Singh @ Shinda on the direction of the co co-accused Harmesh Singh @ Harmesh @ Kali and delivered to his associates for executing their terrorist agenda. Those funds were generated from exchange of smuggled Narcotics by 2 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -3- co-accused Darvesh Singh @ Shinda and the applicant-appellant Gurmej Singh, sent from across the border by co-accused accused Lakhvir Singh Rode @ Baba and his associates Mansa Sandhu @ Mnnsh and others. Theree are further allegations that in i the second week of August 2021, co co-accused Darvesh Singh @ Shinda handed over the amount of₹8 of 8 lakh derived from the proceeds of exchange of Narcotics to the applicant-appellant appellant Gurmej Singh @ Geju.. This amount was hidden by co-accused Harmesh Singh@ Harmesh @ Kali behind the house se of Hansa Singh, Singh residents of Sunder Wale Jhugge, District Ferozepur and on the direction of co-accused co Harmesh Singh @ Harmesh @ Kali and co--
accused Darvesh Singh @ Shinda, Shinda the bag was dug out from behind the house of Hansa Singh by co-accused accused Darvesh Singh @ Shinda who handed it over to applicant-appellant appellant Gurmej Singh @ Geju,who who concealed it under the firewood kept in his fields.
fields Onn further communication with Saraj Singh @ Sarpanch Sarpanch,, applicant-appellant appellant Gurmej Singh @ Geju delivered this money to Karanbir Singh, who is an employee of Saraj Singh @ Sarpanch.
2(b)(ii) Further, the the allegation against the applicant-appellant appellant Gurmej Singh @ Geju is that he has handed over terror funds to other associates in conspiracy. He is in contact with Pakistan based Mansa Sandhu @ Mnnsh who is close associate of Lakhbir Singh Rode @ Baba, on the direction of co-- accused Harmesh Singh@ Harmesh @ Kali, Kali, who is his younger brother brother.
2(b)(iii) The he applicant-appellant Gurmej Singh @ Geju Geju,, in order to conceal his identity, used SIM cards issued in the name of proxy identities. 2(b)(iv) During investigation, house of the applicant-appellant Gurmej Singh @ Geju was raided on 09.12.2021 and during search of his house one blue coloured mobile phone OPPO A 54, Model CPH 2239 bearing IMEI 3 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -4- No.1. 862026052353259, No.2.862026052353242 including SIM Card serial No.8991000905309445494U 8991000905309445494U was recovered. The data retrieved from CERT-- In, revealed incriminatory images and contacts contacts.. The said mobile phone was used exclusively by applicant-appellant appellant Gurmej Singh @ Geju who has two Email accounts [email protected] i.e. and [email protected],, WhatsApp Account [email protected] [email protected] and 15636005027@s. WhatsApp.net,, Facebook ID angrejsaab.saab.
2(b)(v) Applicant appellant
Applicant-appellant Gurmej Singh @ Geju
Gejusaved
saved mobile
No.923114435400 of Mansa Sandhu @ Mnnsh shin the contact list of his phone and used to talk with him and his associates time and again regarding receipt of narcotics arcotics substances and terrorist funds. 2(b)(vi) Images of Bhindranwale Bhindra wale and of different guns w were also retrieved from his mobile set showing that mind set of applicant applicant-appellant appellant Gurmej Singh @ Geju is inclined towards the ideology of Khalistan. 2(b)(vii) Applicant appellant Gurmej Singh @ Geju used motorcycle Bajaj Applicant-appellant Platina bearing registration No.PB059367 which is registered on the name of Joginder Singh, his father and this motorcycle was used by aapplicant-appellant appellant Gurmej Singh @ Geju to transport/conceal/deliver consignment and he used same motorcycle for transporting/concealing/delivering terror fund of ₹8 8 lakh which was received by him from co-accused accused Darvesh Singh @ Shinda @ Shinda at the instance of Harmesh Singh @ Kali. 2(b)(viii) That applicant-appellant appellant Gurmej Singh @ Geju in criminal minal conspiracy with Harmesh Singh @ Kali,Darvesh Darvesh Singh @ Shinda and Pakistan based co-accused accused Lakhbir SinghRode @ Baba and his associate Mansa Sandhu 4 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -5- @ Mnnsh conspired with a common agenda for transferring funds for use in terror activities in the State of of Punjab and other parts of India.
2(b)(ix) Terror funds were generated for commission of crime in exchange of smuggled narcotics n by co-accused accused Harmesh Singh @ Kali, Darvesh Singh @ Shinda and used by the applicant applicant-appellant appellant Gurmej Singh @ Geju.
2(b)(x) Applicant pplicant-appellant appellant Gurmej Singh @ Geju was earlier arrested in FIR No.23 dated 26.10.2017, registered at P.S. P . SSOC Amritsar, Punjab which pertains to recovery of arms, rms, heroin and huge amount of funds but he was released on bail in the th said case. He was also accused in FIR No.161/2017 under Sections 21, 25 and 29 of NDPS Act, Police Station Sadar Patti, District Tarn Taran, Punjab (he has since been acquitted in FIR No.161/2017) No.161/2017).
Prosecution allegations against applicant applicant-appellant appellant Gurmukh Singh:-
3(a)(i) Applicant appellant Gurmukh Singh and co Applicant-appellant co-accused accused Gagandeep were arrested in FIR No.92 No.9 dated 20.08.2021 registered at Police Station Sadar, Phagwara, District Kapurthala under Sections 25(1AA) 27 27-54-59 59 Arms Act, Sections 4,5 of Explosive Substance (Amendm (Amendment) ent) Act, 2001, 13/16/17/18/18 B/20 of Unlawful Activities (Prevention) Act, 1967, Section 13/16/17/18/18-B/20 120-B B IPC, Section 12 Passport Act, 1967 which is also a connected offence of this case. At that time applicant-appellant applicant appellant Gurmukh Singh and co co-accused accused Gagandeep Singh Singh were already in custody in case RC No.31/2021/NIA/DLI and were charged by NIA before NIA Special Sp cial Court, Mohali for the offences committed by them for receiving arms and ammunition, hand hand-grenades, grenades,
5 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -6- narcotics, explosive materials and tiffin bombs from co co-accused Harmesh Singh@ Harmesh @ Kali and other co-accused.
accused.
3(a)(ii) Huge quantity of arms and ammunition, hand-grenades, grenades, narcotics, explosive materials and tiffin bombs were received from across the border by co-accused Harmesh Singh@ Harmesh @ Kali Kali, Darvesh Singh @ Shinda and were further received by other co-accused co accused and got recovered by applicant applicant--
appellant Gurmukh Singh, Singh Gurmeet Singhand and Gagandeep Singh Singh.. The subject matter of the FIR No.92/2021 is continuing offence of NIA case RCNo.31/2021/NIA/DLI arising out of FIR No.85/2021. Master mind of the cases, co-accused accused Lakhbir Singh Rode @ Baba Baba, who is nephew of Jarnail Singh Bhindranwale and is the chief of terroris terrorist of outfit International Sikh Youth Federation which was banned by Government of India vide Gazette Notification No.15 of 2022 dated 28.03.2002. Lakhbir Singh Rode @ Baba was declared as an 'individual terrorist' by India on 01.07.2020 vide SO No.2165(E). Lakhbir Lakh Singh Rode @ Baba is accused in 9 other cases. Applicant-appellant appellant Gurmukh Singh @ Geju is nephew of said Lakhbir Singh Rode @ Baba.. Co-accused Co Lakhbir Singh Rode @ Baba Baba, motivated co-accused accused Harmesh Singh@ Harmesh @ Kali and applicant applicant-appellant Gurmukh h Singh by using various encrypted communication applications like WhatsApp, V Viber,, Text Now and also resorted to communication via virtual numbers in order to evade scrutiny of the Law Enforcement Agencies. Lakhbir Singh Rode @ Baba directed Harmesh Singh@ @ Harmesh @ Kali and applicant-appellant appellant Gurmukh Singh for recruiting more persons in conspiracy and he has been successful in radicalising and recruiting the accused persons of this case to execute his illegal designs design for carrying out terrorist acts in Pu Punjab njab and other 6 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -7- parts of India and to revive militancy, disturb peace and communal harmony in India.
3 (a) (iii) There are two separate groups in the chain of execution of the conspiracy. Co--accused Harmesh Singh@ Harmesh @ Kali Kali, Darvesh Singh @ Shinda and applicant-appellant applicant appellant Gurmej Singh @ Geju in one group while applicant-appellant appellant Gurmukh Singh and Gagandeep Singh were in the other group. The activities activities of both the groups were co coordinated by co-accused accused Lakhbir Singh Rode @ Baba and others in association with Pakistan based entities such as Mansa Sandhu @ Mnnsh,, Malik Jeera and Miyan and they were in touch h with them through audio/video apps and audio/video calls and other social media apps.
3(a)(iv) Between June 2021 to August 2021, Harmesh Singh@ Harmesh @ Kali, Darvesh Singh @ Shinda and applicant applicant-appellant Gurmukh Singh received total 8 consignments of narcotics substances and explosive materials materials,, weapons and ammunition and 12 kg heroin was smuggled from Pakistan into India. Out of 12 kg heroin, 3kg was delivered to Baldev Singh @ Debu and 9 KG to men sent by Mansa Sandhu @ Mnnsh. 3(a)(v) After receipt of consignments, directions were received by Harmesh Singh@ Harmesh @ Kali from Lakhbir Singh Rode @ Baba to pass on the consignment except narcotics to the other members of the network by concealing them at pre-decided pre decided locations. The arms, ammunition, explosive materials were concealed by Harmesh Singh@ ingh@ Harmesh @ Kali and Darvesh Singh @ Shinda near milestones 17KM, 19KM and 20KM on Ferozepur Ferozepur--
Fazilka Road. After concealing the articles, Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda used to put a stone/rubber tube or such other 7 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -8- material for or easy identification of the location by the co co-accused.
accused. They would click a picture of the place and would share it with Lakhbir Singh Rode @ Baba for passing on the information to linked associates. The photographs of these places of concealment have been bee found in digital data retrieve retrieved d from the seized mobile phones of Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda.
3(a)(vi) Applicant appellant Gurmukh Singh and co Applicant-appellant co-accused accused Gagandeep Singh used to collect the consignments from these areas as per directions of Lakhbir Singh Rode @ Baba and Mansa Sandhu @ Mnnsh Mnnsh.. The details of consignment received are as under:-
under:
Consignment, timing ti and delivery Breakdown of contents in location consignment st 1 consignment 18 July 2021 Essar 02 pistols .30 bore (with Petrol Pump near 17 Mile stone magazine, 05 cartridges) 02 Magazines 01 rubber tube (one feet long) Yellow wire bundle 02 Detonators in plastic container nd 2 consignment 30 July 2021 Essar 04 grenades Petrol Pump near 17 Mile stone Two IEDs/Tiffin Bombs 3rd consignment 03 August 2021 INR 3 Lakh in denominations Essar Petrol Pump near 17 Mile stone of INR 500 delivered by Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda Grand total:-
Pistols 2 Nos.
IED (Tiffin Bomb) 02 Nos.
01 rubber tube (one feet long) 1 Nos.
8 of 23
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CRA-D Nos. 1081-2022 and 42-2024 -9-
Yellow Wire bundle 1 Nos.
Grenades 4 Nos.
Magazines 4 Nos.
Detonator boxes 2 Nos.
Terror funds INR 3 Lakh
3(a)(vii) These consignments were picked up by applicant
applicant-appellant
appellant
Gurmukh Singh and Gagandeep Singh and further concealed and placed on
the directions of Lakhbir Singh Rode @ Baba to be received by other
associates linked in the conspiracy. They concealed these items at different places around Jalandhar-Phagwara Jalandhar Phagwara highway, Virasat Haveli Jalandhar, Humbowal underpass of Jalandhar-Amritsar Jalandhar Amritsar highway highway,, Bughipura chowk (Moga) etc. for facilitating facilitating the terror activities. After placing these consignments, applicant appellant applicant-appellant Gurmukh Singh would share the image/video of the place through WhatsApp, Viber, etc. with Lakhbir Singh Rode @ Baba who would direct the other associates linked in conspi conspiracy racy to collect them for further use.
3(a)(viii) The consignments of narcotics/ hheroin eroin received from across border were sold/handed by Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda to other associates, as per direction of their handlers and a sum of INR 102 Lakh was received by A-1 A 1 and A A-2. Out of this Harmesh Singh@ Harmesh @ Kali received INR 17 Lakh. Out of this INR 17 Lakh, INR 3 lakh were delivered to applicant-appellant applicant appellant Gurmuk Gurmukhh Singh and Gagandeep Singh. Remaining amount of INR 85 lakh was delivered to other associates in crime, as per directions of Mansa Sandhu @ Mnnsh etc. 9 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -10- 3(a)(ix) That during investigation of FIR No. 92/2021 the following Explosives, IED's, Hand grenades, Arms Arms & Ammunition were recovered from applicant-appellant appellant Gurmukh Singh ;
i. 5 Grenades, ii. 2 Boxes Detonators, iii. 1 small rubber tube Detonator, iv. 2 Rubber tubes filled with explosive material, v. 1 yellow wire (Pakistani), vi. ₹ 3,78,000, vii. 1 pistol.45 bore along with magazine, viii. 24 cartridges, ix. 14 Indian passports, x. 1 packet suspicious powder, xi. 1 Tiffin bomb, xii. 4 Pistol magazines, xiii. Packing material, xiv. Mobile phones Apple 12 pro and Samsung, xv. 1 Endeavour car no.
no. PCS 400 Black colour 3(a)( x) The material recovered from applicant applicant-appellant appellant Gurmej Singh @ Geju and his associate, were part of the consignments of arms, ammunitions, explosives, IEDs (Tiffin Bombs), detonator, etc., sent by Lakhbir Singh Rode @ Baba and his associates, via drones, drones from across Pakistan border and were meant for terrorist activities. The recovered Indian Currency notes of INR 3,78,000 have also been identified as including proceeds of sale of narcotics 10 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -11- and were delivered to applicant-appellant ppellant Gurmukh Singh and Gagandeep Singh byDarvesh Darvesh Singh @ Shinda.
Shinda
3(a)(xi) That the Charge-sheet
Charge sheet has been filed in the instant case against accused including applicant-appellant appellant Gurmej Singh @ Geju u/s 120-B B of the IPC, 1860, section 25(1A) of Arms Act, 1959, sections 4, 5 & 6 of Explosive Substance Act, 1908 and sections 18 & 20, 21, 23 & 38 of UAP Act, 1967. Further instigation is still going on. 4 Initially charge sheet was filed on 04.03.2022 against co co-accused accused Harmesh Singh @ Kali, Darvesh Singh @ Shinda Shinda,, Gurmukh Singh, Gagandeep Singh and absconding accused Lakhbir Singh Rode @ Baba who is based in Pakistan.
Pakistan Supplementary charge sheet was filed against applicant-- appellant lant Gurmej Singh @ Geju on 22.04.2022 under Section 120-B B IPC, Sections 18, 20 and 38 of UAP UA Act and Section 29 of NDPS Act.
Submissions of learned counsel for applicant applicant-appellant appellant Gurmej Singh @ Geju:-
Geju
5. Learned counsel for the applicant applicant-appellant Gurmej Singh contended that learned trial Court committed error in dismissing his application. Nothing is recovered from his possession possession. The allegations in the FIR in a nutshell is against two persons Darvesh Singh @ Shinda and Anokh Singh that they are indulging in smuggling of intoxicant substances, weapons and explosives from Pakistan into in India as they are residing in the border area of India. Applicant-appellant Applicant Gurmej Singh has not been named in the said FIR. However, applicant-appellant Gurmej Singh was arrested in the present case on 26.10.2021. He has already been acquitted in case arising out of FIR No.161/2017 under Section 21, 25 and 29 of NDPS Act and under Section 25, 11 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -12- 54, 59 of Arms Act registered at P.S. Sadar Patti, District Tarn Taran Taran. He has been granted benefit of regular bail in case arising out of FIR No.23/2017, under Section 21, 25, 27A,29 of NDPS Act and Section 25 of Arms Act at Police Station SSOC, Amritsar. He is falsely implicated in FIR No.35/2020 under Section 52A of Prison Prison Act at P.S. City Ferozepur and FIR No.119 of 2018 under Section 42, 52A of Prison Act, P.S. Gate Hakima, Amritsar and he is already on bail. Harmesh @ Kala, minor brother of applicant-appellant appellant Gurmej Singh @ Gejuwas Gejuwas picked up by the Police on 12.08.2021. He was not produced even after lapse of 48 hours before learned Illaqa Magistrate. Applicant-appellant appellant Gurmej Singh @ Geju filed CRWP CRWP-7756-2021 2021 before this Court and then he was produced before Court through video conferencing on 18.08.2021. On 13.08.2021, 2021, some officials from SSOC S Staff, Amritsar had visited the house of applicant-appellant appellant Gurmej Singh @ Geju and threatened his family to produce him otherwise he would be eliminated in an encounter. He moved representation to DGP, DGP Punjab on 17.0 17.08.2021 8.2021 but no action was taken. He filed CRM-M-35198-2021 CRM 2021 and when the Police officials came to know it, they threatened him to withdraw it and when applicant-appellant appellant Gurmej Singh @ Geju refused, he was falsely implicated on 25.08.2021 and CRM-M-35198 35198-2021 21 was dismissed as withdrawn. Prior to registration of case, he was behind bar for three years in another case case. Applicant-appellant appellant Gurmej Singh @ Geju is implicated on the basis of disclosure statement of other co-accused.
accused. The statutory rigor rigor of Section 43-D(5) of UAP Act cannot come in the way because the Court can grant bail if the provisions of any legislation contradict the constitutional right of accused ((Union of India Vs. 12 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -13- 713 He is involved in following other FIRs the K.A Najeeb (2021) 3 SCC 713).
details of which are as under:-
i) FIR No. 210 dated 04.08.2017 u/ss 307, 506, 148, 149 IPC registered at P.S. Sadar, Ferozepur (acquitted).
ii) FIR No.161 dated 29.09.2017 registered under sections 21, 25, 29 of NDPS Act and Section 25, 54, 59 of Arms Act at Police Station Sadar, Patti, District Tarn Taran (on bail);
iii) FIR No.23 dated 26.10.2017 u/ss 21, 25, 27 27-A, A, 29 of NDPS Act and Sections 25 of Arms Act, 1959 at Police Station SSOC, Amritsar (on bail);
iv) FIR No.35 dated 28.01.2020 u/s 52 52-A off Prison Act, 1984 at P.S. City, Ferozepur (on bail);
v) FIR No.119/2018 under sections 42, 52 52-A A of Prison Act, P.S. Gate Hakima, District Amritsar (on bail).
He is acquitted in case FIRs FIR No.210 and 161 and is on bail in other cases except the present one.
Learned counsel for applicant-appellant appellant Gurmej Singh @ Geju vehemently prayed for setting aside the impugned order of learned Judge, Special Court with further prayer that in case he is granted concession of regular bail, he is ready to accept the conditions as imposed by the Court. Submissions of learned counsel for ap applicant-appellant appellant Gurmukh Singh:-
Singh:
6. Learned counsel for applicant-appellant applicant appellant Gurmukh Singh contended that during uring the investigation of this case, Police recorded the statement of co-accused-Gagandeep co Singh ngh and drag dragged the applicant-appellant appellant Gurmukh mukh Singh in this case due to political reasons as he along with his father
-Jasveer Jasveer Singh Rode, former Jathedar of Sri Akal Takht Sahib, Amritsar was publishing a Punjabi Daily newspaper 'Aj 'Aj Di Awaz' from Jalandhar. Applicant--
appellant Gurmukh Singh was arrested on 20.08.2021 from Phagwara during 13 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -14- the investigation of the case.
cas The he Police raided his office and residence and had taken away an amount of ₹3,78,000/- from his house and planted ed some explosive substance on the applicant-appellant appellant Gurmukh Singh, though, hough, no objectionable articles were recovered covered by the Police from his residence. D During uring his detention in case FIR No.92 dated 20.08.2021, he was ar arrested rested on 11.01.2022 by the Ferozepur Police Poli in the present case. Hee was neither named in the FIR nor there was any recovery of any objectionable article from him during investigation. After completion of the investigation in the present case,, challan was submitted by NIA in the Court of Special Judge, NIA, Punjab but sanction to prosecute the applicant-appellant appellant Gurmukh Singh under Section 25(1A) of Arms Act and Sections 4,5 and 6 of Explosive Act Act, was not accorded corded by the competent authority. After completion of investigation in case FIR No.92 dated 20.08.2021, a report under Section 173 Cr.P.C. was submitted by the Phagwara ara Police under Section 25(1AA), 54, 59 of Arms (Amended) Act,, 2001, Sections 4, 5 of Explosive Substanc Substances Act (Amendment Amendment Act, 2001) and Sections 121/121-A/122/120-B 121/121 B IPC and Section 13 of the Pun Punjab jab Travel Profession (Regulations) Act, 2014 but charges were not framed on 30.11.2022under under Sections 13/16/17/18/18-B/20 13/16/17/18/18 B/20 of the Unlawful Activities (Prevention) Act, 1967, 1967, whereas no revision was filed by the State. The applicant-appellant appellant Gurmukh Singh was granted bail in case FIR No.92 dated 20.08.2021. The second regular bail application was dismissed by learned trial Court without any reason. Sanction to prosecute the appellant under Arms Act and Explosive Substances Act is not taken and in the report under Section 173Cr.P.C, Cr.P.C, it was wrongly mentioned that the sanction is obtained. Since ince no recovery is effected from the applicant-appellant appellant Gur Gurmukh Singh sanction 14 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -15- under Arms Act and Explosive Substances Act was rightly not accorded by District Magistrate, Firozepur.
Firozepur As regards the offence offences under UAPA,, these provisions have been dropped by learned Additional Sessions Judge, Kapurthala. Applicant pplicant-appellant appellant Gurmukh Singh is in custody since long. The allegations ations against him are that he was talking to his paternal uncle (elder elder brother of his father)-Lakhbir father) Lakhbir Singh (now deceased deceased)) stated to be in Pakistan but during investigation, NIA has not been able to find any transcription or text of any such telephonic talk. During the investigation, no incriminating evidence was found against the applicant-appellant appellant Gurmej Singh. Provisions of NDPS Act,, 1985 are also invoked against him but no article was recovered,, making it case under the NDPS Act.
Act He is not involved in any other case except in case FIR No.92 dated 20.08.2021 under Arms Act and Explosive Substances Act, registered at Police Station Phagwara Phagwara. He is not declared as proclaimed offender in any case. He is involved in these ccases ases being son of Jathedar Jasbir Singh Rode, former Jathedar of Sri Akal Takht Sahib, Amritsar who happens to be nephew of late Sant Jarnail Singh Bhindranwale Bhindranwale. His father ather is not involved in any criminal case and he has been made a scapegoat by the Government to tame his father for political considerations. There is no such movement as 'Khalistan Movement' in State of Punjab but the Government is highlighting the Khalistan phobia which has no basis basis, only to gain political tical mileage. Applicant pplicant-appellant Gurmukh Singh is not interested in politics and has never addressed any political congregation congregation. Learned counsel for applicant-- appellant Gurmukh Singh vehemently prayed for his release on regular bail while setting aside the impugned order passed by learned Judge, Special Court.
15 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -16- Submissions of Special Prosecutor for respondent respondent-NIA
7. Arguments of Sh. Sukhdeep Singh Sandhu, Special Prosecutor for respondent NIA is that applicant-appellant appellant Gurmukh Singh is nephew of Lakhbir Singh Rode @ Baba who is the chief of terrorist of outfit International Sikh Youth Federation which is banned by Government of India. He with the help of co-conspirators conspirators intended intend to strike terror in India. He along with his associates Mansa Sandhu used to send sen consignments of narcotic substances, weapon, ammunitions, explosive materials/IED(Tiffin Bombs) etc. from Pakitstan via drones on the border area. He motivated co co-accused Harmesh armesh Singh@ Harmesh @ Kali and applicant-appellant appellant Gurmukh Singh through WhatsApp, Viber, Text Now etc. The consignments were picked up by applicant-appellant appellant Gurmukh Singh and said Harmesh Singh@ Harmesh @ Kali and on their directions, the said articles articles were further concealed and placed at the locations on the directions of said Lakhbir Singh Rode @ Baba at different places in Punjab for execution of terrorist activities. The three consignments i.e. 1st consignment on 18.07.2021 containing 02 pistols ..30 30 bore (with magazine, 05 cartridge), 02 magazines, 01 rubber tube (one feet long), yellow wire bundle and 02 detonators in plastic container were delivered at Essar Petrol Pump near 17 mile stone, 2nd consignment on 30.07.2021 containing 04 grenades and 02 IEDs/Tiffin Bombs and 3rd consignment dated 03.08.2021 again at same location i.e. Essar Petrol Pump near 17 mile stone, consisting of INR 3 lakh in denominations of INR 500 delivered by Harmesh Singh@ Harmesh @ Kali and Darvesh Singh @ Shinda Shinda,, were picked up by applicant-appellant appellant Gurmukh Singh and concealed at different places. During the raid of his house, 5 Grenades, 2 Boxes Detonators,1 small rubber tube 16 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -17- Detonator,2 Rubber tubes filled with explosive material,1 yellow wire (Pakistani),Rs. 3,78,000/-, 1 pistol.45 bore along with magazine, 24 cartridges,14 Indian passports,1 packet suspicious powder,1 Tiffin bomb,4 Pistol magazines, Packing material, Mobile phones A Apple pple 12 pro and Samsung and 1 Endeavour Car ar no. PCS 400 Black colour were recovered. This prima facie proves that he is working at the instance of Lakhbir Singh Rode @ Baba and Mansa Sandhu @ Mnnsh to strike terror in the country to endanger the security, unity and integrity as well as social fabric and economy of the country.
Applicant pplicant-appellant appellant Gurmej Singh @ Geju used to receive the funds which were generated by sale of narcotics substances which were smuggled from Pakistan and delivered to his associates. He received Rs. 8 lacs from Darvesh Singh alias ali s Shinda which was proce proceeds eds of narcotics and handed over to Karanveer Singh, employee of Saraj Singh alias Sarpanch on the direction of other co-accused.
co He used to collect narcotic substances and money by using motorcycle which was registered in the name of his father father--
Joginder Singh.
ingh. Applicant-appellant A appellant Gurmej Singh @ Geju was constantly in touch with Lakhbir Singh Rode @ Baba and Mansa Sandhu @ Mnnsh which is proved from the data retrieved from mobile phone recovered from his house which was used by him. Charges have been framed against them and requisite sanction to prosecute is also obtained against them. Learned Special Prosecutor for NIA submits that since charges are framed ed against the appellants, there exist facts which prima facie show the involveme involvement of the appellants in commission of the offences for which they are challaned and charged and in support of his contention, he relies relie upon the judgment of the Hon'ble Supreme 17 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 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:
8. During the course of arguments, both the learned counsel for the appellants and learned Special Prosecutor for NIA are ad-idem 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 contende contended d 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:-
under:
"43D(5) Notwithstanding anything contained in the Code, no o 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 ded 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 section173 of the Code is of the opinion that there are rreasonable grounds for believing that the accusation against such person is prima facie true."
9. The proviso to Section 43D(5) 43 of UAP Act clearly states that if Courts are satisfied that the prima-facie prima facie allegations against the accuse accused are true after "perusal 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
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10. Hon'ble Apex Court in case Gurwinder Singh v. State of (2024) 5 SCC 403, elaborately dealt with what amounts to a prima Punjab,(2024) prima--
facie case. Paragraphs 24 to 26 of the aforesaid judgment are relevant which are reproduced herein for ready reference:-
reference:
"24. The source of the power to grant bail in respect of non bailable offences punishable with death or life non-bailable imprisonment emanates from Section 439 Cr Cr.P.C. It can be noticed that Section 43-D(5) 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.
25. A bare reading of sub-section section (5) of Section 43 43-D shows that apart from the fact that subsub-section (5) bars a Special Court from releasing an accused on bail wi 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 sub (5) of Section 43-DD puts a complete embargo on the powers of the Special Court to release an accused on bail. It lays down that if the Court, "on perusal of the case diary or the report made under Section 173 of the Code of Criminal Procedure", is of the opinion that there are reasonable grounds for believing that the accusation, against such person, as regards regards commission of offence or offences under Chapter IV and/or Chapter VI of the UAP Act is prima facie true, such accused person shall not be released on bail or on his own bond. It is interesting to note that there is no analogous provision traceable in any other statute to the one found in Section 43-D(5) 43 D(5) of the UAP Act. In that sense, the language of bail limitation adopted therein remains unique to the UAP Act.
26. The conventional idea in bail jurisprudence vis vis-à-vis ordinary penal offences that the discretion discretion of courts must tilt in favour of the oft-quoted oft phrase -- "bail is the rule, jail is the exception" -- unless circumstances justify otherwise -- does not find any place while dealing with bail applications under the UAP Act. The "exercise" of the gegeneral power to grant bail under the UAP Act is severely restrictive in scope. The form of the words used in the proviso to Section 4343-D(5)-- "shall not be released" in contrast with the form of the words as found in Section 437(1) Cr.P.C Cr -- "may be released" -- suggests the intention of the legislature to make bail, the exception and jail, the rule.
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11. Hon'ble Apex Court in.
in Union of India Vs. K.A Najeeb (2021)3 SCC 713, observed as under:-
under "long custody would be an essential factor while granting bail under the UAPA. Article 21 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 UAPA. It has also been held that the embargo under Section 43-D of the UAPA would not negate the powers of the Court to give effect to Article 21 of the Constitution of India."
12. In 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 K.A.Najeeb's case) might face upon on 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 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.
13. With the assistance of learned counsel for the appellant and learned Special Prosecutor for NIA, 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 18-B/20 B/20 of UAP Act and other Sections of IPC, Arms Act and Explosive Substanc Substances es 20 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -21- Act, Section 13 of the Punjab Travel Professionals Regulations Act, 2014 is obtained on 14.02.2022.
14. During the course of arguments, learned counsel for applicant-- appellant Gurmej Singh @ Geju has not denied the recovery of blue coloured mobile phone OPPO A 54, Model CPH 2239 bearing IMEI No.1. 862026052353259, No.2.862026052353242 including SIM Card serial No.8991000905309445494U from his house during search on 09.12.2021. As per allegations against him, there was incriminatory material in his pho phone ne and mobile No.923114435400 was also found in the contact list and he was regularly in touch with Mansa Sandhu who is also in touch with Lakhbir Singh Rode @ Baba(stated (stated to have died as of now now). Applicant-appellant appellant Gurmej Singh @ Geju used to collect money money after sale of narcotics material which was smuggled from Pakistan and that amount was used for terror funding. Though, counsel for applicant-appellant appellant Gurmukh Singh pleaded that nothing is recovered from his possession, but the challan reveals the reco recovery very as noted in para No.3(a)(viii) of this order. There is no reason for keeping 14 Indian Passports and other suspicious materials in his house.
15. Facts of this case it reveals that money received from sale of narcotic substance smuggled from across the border is used for terror funding and the accused-appellants accused appellants are actively involved in India for terror funding at the behest of their masters who are working from across tthe he border i.e. in Pakistan. The consignments of arms and ammunition ammunition,, currency notes and narcotic substances i.e. Heroine is delivered from across the border. Accused Harmesh Singh @ Harmesh @ Kali, Darvesh Singh and Gurmej Singh allegedly used to separate the narcotic packages from the consignments, 21 of 23 ::: Downloaded on - 08-12-2025 23:16:02 ::: 2024 CRA-D Nos. 1081-2022 and 42-2024 -22- photograph the arms and ammunitions, explosives etc. and share it via Whats App and other applications with co-accused co accused Lakhbir Singh Rode @ Baba and after photography, consignment was concealed either in the cr crop op fields or in the house of Darvesh Singh @ Shinda and after concealment of consignment at pre-decided decided destinations, photographs were clicked and shared with co co-accused accused Lakhbir Singh Rode @ Baba who used to give information about it to appellant Gurmukh Singh, S non-appellant appellant Gagandeep Singh. Out of these consignments, two pistols, two Tiffin bombs, one rubber tube, four Grenades, 4 Magazines, two detonator boxes and terror funds of Rs. 3 lacs were stated to be picked up by appellant Gurmukh Singh and non-appellant Gagandeep Singh, concealed it at difference places for facilitation of terror activities. This prima-facie facie leads to the conclusion that both the appellants are part of anti national elements who indulge in Narco Narco-terrorism, terrorism, reflecting another dimension of anti national activities wherein there is a nexus between narcotic and terrorism. Since sponsoring terrorism is an expensive affair and alongwith arms and ammunitions, Heroine is smuggled inside the country from ac across ross the border of the country to fund fund terrorist activities and Rs. 8 lacs as terror fund was stated to have been transferred by appellant ppellant Gurmej Singh to employee of Saraj Singh, Sarpanch.
Sarpanch. The facts brought on record by the respondent respondent-NIA NIA prima-facie facie prove the involvement of appellants in the terrorist activities. The trial is in progress. Since they have links with persons across the border, who fund their activities, there are also chances of their absconding from trial. Conclusion:
16. In view of above discussions, both the appellants are not entitled for grant of regular bail. Accordingly, both the appeals stand dismissed.
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17. Any observations made herein, while deciding these appeals, shall have no bearings on the merits of the case.
18. To expedite the trial against the appellants, the trial Court is directed to take the following steps:-
steps
(i) The trial Court shall frame a schedule of dates in advance for summoning the witnesses and shall also endeavour to record the statements of the PWs whose presence is duly secured. Special Messengers be deputed for securing the presence of the prosecution witnesses. If deemed necessary, a letter may be written to the Senior Superintendent of Police, concerned, for getting the needful done for for ensuring timely presence of prosecution witnesses; and
(ii) The prosecution is directed to ensure the presence of all the prosecution witnesses before the trial Court on the dates as may be fixed by the trial Court for recording prosecution evidence. The District Attorney concerned to take necessary steps for the purpose District of securing the presence of the remaining prosecution witnesses;
A copy of this order be placed in the connected file.
( GURVINDER SINGH GILL ) (RAMESH KUMARI)
JUDGE JUDGE
05.12.2025
Jyoti-IV Whether speaking/reasoned √Yes/No
Whetherreportable √Yes/No
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