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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,

-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 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 under Arms Act and Explosive Substances Act was rightly not accorded by District Magistrate, Firozepur.