Indian Kanoon - Search engine for Indian Law

SUBRAMONIUM PRASAD, J.

1. The present Appeal has been filed by the Appellant under Section 21 of the National Investigation Agency ["NIA"] Act, 2008, to assail the order dated 28.09.2024 passed by the learned Additional Sessions Judge-03, New Delhi District, Patiala House Courts, Delhi ["Trial Court"] in NIA case bearing RC No. 38/2022/NIA/DLI titled NIA vs Arshdeep Singh @ Arsh Dalla Etc., whereby the bail application of the Appellant was dismissed.

iv. During the investigation into the aforementioned information received by Respondent/NIA, it came to light that, to increase their area of influence, the members of the gang came in contact with extremists, especially with the associates of Pro-Khalistan organizations in Indian jails and abroad, and other such related supporters who aided in arranging sophisticated weapons. According to the Respondent/NIA, it was further established that the members of the syndicate/gang are in touch with Arshdeep Singh Gill @ Arsh Dalla, who was based in Canada and was a Designated Individual Terrorist, who was associated with Harshdeep Singh Nijjar, „Chief‟ of Khalistan Tiger Force. v. It is alleged that the Appellant was active in procuring and supplying illegal weapons, and vehicles for execution of conspiracy and committing terror activities. The Appellant was discovered to have been the major logistics support of the Bambiha gang and acted as a major supplier to the Bambiha Gang and harbourer of its members.

23. The sum and substance of the allegations against the Appellant is he provided logistic support (arms and ammunitions) to the Bambiha Gang, of which Chotu Ram @ Bhat was a part. This Chotu Ram @ Bhat, according to the Chargesheet filed by the Respondent/NIA is an associate of Sukhpreet @ Budha (A-3), who in turn was connected to Arshdeep Singh Gill @ Arsh Dalla (A-1), a designated individual terrorist, who in turn was associated with Harshdeep Singh Nijjar, the erstwhile „Chief‟ of Khalistan Tiger Force. Of these persons, Arshdeep Singh Gill @ Arsh Dalla has been declared as a Proclaimed Offender on 08.08.2023.

24. As per the Chargesheet, Arshdeep Singh Gill @ Arsh Dalla in connivance with others who are arraigned as accused persons by the Respondent/NIA, is known to extort money from Indian businessmen, singers, sportspersons and others, by threatening them of dire consequences if the demands are not met. An important revelation from the Chargesheet appears to be that arms and ammunitions are generally supplied across the India-Pakistan border on the directions of Arshdeep Singh Gill @ Arsh Dalla. In this syndicate, the Appellant has been investigated as a ground level facilitator/ provider of logistic support.