Have Links With Persons Across Border: Punjab & Haryana High Court Denies Bail To Accused In UAPA Case

The Punjab and Haryana High Court has refused to grant bail to two men who were accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

Two Criminal Appeals were preferred before the Court, challenging the dismissal of second Bail Applications by the Special Judge.

A Division Bench comprising Justice Gurvinder Singh Gill and Justice Ramesh Kumari observed, “Since sponsoring terrorism is an expensive affair and alongwith arms and ammunitions, Heroine is smuggled inside the country from across the border of the country to fund terrorist activities and Rs. 8 lacs as terror fund was stated to have been transferred by appellant Gurmej Singh to employee of Saraj Singh, Sarpanch. The facts brought on record by the respondent-NIA prima-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.”

The Bench said that money received from sale of narcotic substance smuggled from across the border is used for terror funding and the accused-appellants are actively involved in India for terror funding at the behest of their masters who are working from across the border i.e., in Pakistan.

Advocates Raj Kumar Malik and Puran Singh Hundal represented the Appellants, while Special Prosecutor Sukhdeep Singh Sandhu represented the Respondent.

Case Background

In the lead case, an FIR was registered under Section 120-B of the Indian Penal Code, 1860 (IPC), Section 25(1A) Arms Act, 1959, Sections 18, 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Sections 13, 18-B, 20, 21, 23, and 39 of UAPA, and Sections 4, 5, and 6 of the Explosive Substances Act, 1908 (ESA).

The allegation against the Appellant-accused was that he received funds amounting to Rs. 8 lakhs from co-accused and delivered to his associates for executing their terrorist agenda. Those funds were allegedly generated from exchange of smuggled Narcotics by co-accused and the Appellant, sent from across the border. Hence, the accused was arrested. Resultantly, Bail Applications were filed before the Special Judge, who dismissed the same. Hence, the case was before the High Court.

Reasoning

The High Court in the above context of the case, noted, “With the assistance of learned counsel for the appellant and learned Special Prosecutor for 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-B/20 of UAP Act and other Sections of IPC, Arms Act and Explosive Substances Act, Section 13 of the Punjab Travel Professionals Regulations Act, 2014 is obtained on 14.02.2022.”

The Court remarked that the accused used to collect money after sale of narcotics material which was smuggled from Pakistan and that amount was used for terror funding.

“… both the appellants are part of anti-national elements who indulge in Narco-terrorism, reflecting another dimension of anti-national activities wherein there is a nexus between narcotic and terrorism”, it said.

The Court, therefore, concluded that both the Appellants are not entitled for grant of regular bail.

Accordingly, the High Court dismissed the Appeals and denied bail to the accused persons.

Cause Title- Gurmej Singh v. Union of India and Another (Neutral Citation: 2025:PHHC:169883-DB)

Appearance:

Appellants: Advocates Raj Kumar Malik, Puran Singh Hundal, and Robin Singh Hooda.

Respondent: Special Prosecutor Sukhdeep Singh Sandhu

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