UAPA| Punjab & Haryana High Court Dismisses Bail In Terror Funding Case Involving Cross-Border Syndicate

The Punjab & Haryana High Court has dismissed two appeals filed by accused persons challenging the rejection of their second bail applications, in a major narco-terror case involving cross-border smuggling of heroin, weapons, explosives and alleged terror-funding linked with Pakistan-based handlers, including designated terrorist Lakhbir Singh Rode.A bench of Justice Gurvinder Singh Gill and Justice Ramesh Kumari said, "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 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. The consignments of arms and ammunition, currency notes and narcotic substances i.e. Heroine is delivered from across the border."The Court further pointed that, accused Harmesh Singh @ Harmesh @ Kali, Darvesh Singh and Gurmej Singh allegedly used to separate the narcotic packages from the consignments, photograph the arms and ammunitions, explosives etc. and share it via What's App and other applications with co-accused Lakhbir Singh Rode @ Baba and after photography, consignment was concealed either in the crop fields or in the house of Darvesh Singh and after concealment of consignment at pre-decided destinations, photographs were clicked and shared with co-accused Lakhbir Singh Rode who used to give information about it to appellant Gurmukh Singh, non-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," it added.The bench concluded that this prima-facie leads to the conclusion that 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. 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 case arises from FIR lodged in 2021 registered at Police Station Mamdot, later taken over by the NIA, involving offences under the IPC, Arms Act, NDPS Act, the Unlawful Activities (Prevention) Act (UAPA), and the Explosive Substances Act.According to the prosecution, Gurmej Singh allegedly received ₹8 lakh in terror funds from co-accused Darvesh Singh @ Shinda on directions of Harmesh Singh @ Kali.The funds were allegedly derived from sale of narcotics smuggled from Pakistan by a network commanded by Pakistan-based Lakhbir Singh Rode and his associates snd Gurmej allegedly concealed the money and later delivered it to an associate of Saraj Singh @ Sarpanch. The NIA stated that Gurmej maintained contact with Pakistan-based handler Mansa Sandhu, used proxy SIM cards, and stored incriminating content, including images of weapons and Bhindranwale.Gurmukh Singh was arrested in a connected FIR involving huge seizures of grenades, tiffin bombs, detonators, arms, ammunition, explosives, narcotics, cash, fake passports, and other material.He allegedly operated in a separate group coordinated directly by Lakhbir Singh Rode, and was part of a network receiving consignments dropped through drone-based smuggling across the Pakistan border.After hearing the submissions, the Court reiterated the principle that Bail cannot be granted if, upon perusal of the charge sheet and material under Section 173 CrPC, the Court finds reasonable grounds to believe that allegations are prima facie true.The Court relied on the Supreme Court's judgment in Gurwinder Singh v. State of Punjab (2024) 5 SCC 403, distinguishing the earlier decision in K.A. Najeeb on facts.After analysing the charge-sheet, digital evidence, recoveries, and role attributed to each appellant, the Court held that both appellants are prima facie part of a cross-border narco-terror network involving smuggling of heroin, explosives, arms and providing terror funding.The material shows a close link with Pakistan-based handlers and a coordinated conspiracy to revive militancy and disturb peace in Punjab and The large recoveries and communications in encrypted platforms supported the prosecution case, it pointed.Adding that there is a likelihood of absconding if bail is granted, given their alleged foreign links, the Court said that the statutory bar under Section 43D(5) UAPA squarely applied.Observing that, "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...

UAPA| Punjab & Haryana High Court Dismisses Bail In Terror Funding Case Involving Cross-Border Syndicate

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