[Cites 22, Cited by 0]
Punjab-Haryana High Court
Jasbir Singh Alias Shera vs National Investigation Agency on 24 April, 2026
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRA-D-942-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-942-2024
JUDGEMENT JUDGEMENT OPERATIVE PART UPLOADED ON
RESERVED ON PRONOUNCED PRONOUNCED OR
ON FULL
09.03.2026 24.04.2026 FULL PRONOUNCED 24.04.2026
Jasbir Singh @ Shera ...Appellant
Versus
National Investigation Agency ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Mr. Bhanu Pratap Singh, Advocate
for the appellant.
Mr. Sukhdeep Singh Sandhu, Special Public Prosecutor
for the respondent-NIA.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Section
75 31.05.2019 Tarsika, Amritsar -
Rural
AND
RC No. Dated Police Station Section
03/2020/ 22.01.2020 - 13, 17, 18, 18-B, 38, 40 of UA(P)
NIA/DLI Act, 120-B IPC and 21, 27-A, 29 of
NDPS Act
Bail Application number before the Sessions Court BA/1472/2024
Date of Decision 06.06.2024
1. Aggrieved by the dismissal of regular bail by the Special Judge, NIA, Punjab vide
order dated 06.06.2024, the appellant had come up before this Court by filing the present
appeal under Section 21 of the National Investigation Agency Act, 2008.
2. Per custody certificate, the appellant has the following criminal antecedents:
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRA-D-942-2024
Sr. No. FIR No. Date Offenses Police Station
1. 45 21.03.2020 21/29/61/85 of NDPS Act Lopoke
3. The appellant's counsel submits that the appellant would have no objection
whatsoever to any stringent conditions that this Court may impose, including that if the
appellant repeats the offense or commits any non-bailable offense which provides for a
sentence of imprisonment for more than seven years, the State may file an application to
revoke this bail before the concerned Court having jurisdiction over this FIR, which shall
have the authority to cancel this bail, and to which the appellant shall have no objection.
Counsel for the appellant further submits that he shall not use his right of speech expression
beyond what is permitted under Article 19 of the Constitution of India.
4. The State's counsel opposes the bail.
5. Facts of the case are being taken from the reply filed by National Investigation
Agency which reads as follows:
"1. That Punjab police had registered FIR No.75 dated 31.05.2019 u/s
Sections 21 and 27 of NDPS Act at PS Tarsikka, Amritsar (Rural) on the
allegations that accused A-1 Jajbir Singh Samra, A-2 Harpreet Singh and
A-3 Varinder Singh were carrying 500 grams of Heroin and Rs.1,20,000/-
drug-money in a car, pursuant to which they were arrested.
2. That during investigation role of Chief of Pakistan based banned
terronet outfi Khalistan Liberation Force [KLF) A-10 Harmeet singh @
Phu who was running the Narco Terror network through the drug
smugglers and hawala operators based in Punjab, J&K and Delhi in
Punjab Harmeet Singh @Phd with the active connivance and aid of A-1,
A-2. A-3 and other charge sheeted accused including the appellant Jasbir
Singh Shera A-11) was giving shape to his illegal desigris of Indulging in
narco terrorism and for aiding and funding terrorism pursuant to which
the sections 13 and 17 of Unlawful Activities (Prevention) Act, 1967 were
added on 08.01.2020.
3. That in compliance with Government of India, Ministry of Home
Affairs Order F. No. 11011/09/2020/NIA dated 20th January 2020 NIA
took over the Investigation of case FIR No.75 dt.31-5-2019 PS Tarsikka
by re-registering the original case as RC-03/2020/NIA/DLI under
sections 13 and 17 of Unlawful Activities (Prevention) Act, 1967 and 21
and 29 of NDPS Act on 22.01.2020 That after the registration of the
instant case RC-03 of 2020 and taking over of the investigation by NIA on
22.01.2020, the investigation has established that:-
(i) The accused persons in the case were involved in running a Narco-
terror network. This network has different types of elements who were
involved in buying and selling of Heroin, and further channelizing the
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRA-D-942-2024
drug money through non-banking channels of Hawala operators to Dubai
and possibly to Pakistan for funding terrorist activities. The summary of
modus operandi adopted by Pakistan based Khalistan leaders and ISI.
During the course of continuing attempt to destabilize India, these
elements decided to push drugs into India through their associates
thereby reaping double dividends of harming the youth/population and
using the funds thus generated to further the terrorist activities of KLF in
India.
(ii) Khalistan Liberation Force ('KLF') is a proscribed organization
under the Unlawful Activities (Prevention) Act, 1967) and Harmeet
Singh@ PhD established as the main conspirator, is the self-styled Chief
of 'KLF. Khalistan Liberation Force is a militant group, and is part of the
Khalistan movement to create a Sikh homeland called Khalistan via
armed struggle Government Of India by taking into consisteration KLF's
involvement in several killings, bomthings and other terror activities
during its violent campaign for "Secession of Punjat decited to declare it
banned Government of india vide Gazette Notification S.O. 2947 (E)
dated the 19th June, 2018, declared Khalistan Liberation Front and all
its manifestations as Unlawful and proscribed organization since the date
of its establishment as envisaged vide section 16 of the Criminal Law
Amendment Act, 1908.
(iii) During the investigation of the case it was established that, accused
Harmeet Singh @ PhD (A-10) is self-styled chief of KLF, is main
conspirator of instant, who is accused in Punjab series of killing cases,
wherein he was charge sheeted by the NIA for various offences under
IPC, UA(P) Act, Explosive Substances Act, Arms Act
RC-18/2017/NIA/DLI, RC-22/2017/NIA/DLI RC-23/2017/NIA/DLI, RC-
24/2017/NIA/DLI RC-25/2017/NIA/DLI, 26/2017/NIA/DLI and RC-
27/2017/NIA/DLI. His criminal antecedents itself have ample evident that
he wants to de-stabilize the sovereignty and integrity of India, with this
motive he hatched the entire conspiracy with association of accused A-9
Jasmeet Singh Hakimzada, who is involved in smuggling heroin and
psychotropic substances around the world. The US Department of the
Treasury's Office of Foreign Assets Control (OFAC) has imposed
financial sanctions against Jasmeet Singh Hakimzada as a Significant
Foreign Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin
Designation Act (Kingpin Act). Jasmeet Singh Hakimzada, who resides in
the United Arab Emirates, runs a global drugs trafficking network that
smuggles Heroin, cocaine, ephedrine, ketamine and synthetic opioids into
the United States, Australia, New Zealand and the United Kingdom. Since
2008, Jasmeet Singh Hakimzada was involved in taundering of hundreds
of millions of dollars of illicit proceeds.
(iv) A-10 Harmeet Singh @ PhD and Jasmeet Singh A-9 hatched a
criminal conspiracy to run a narco terror module, communicating with
each other and other associates Jajbir Singh Samra, Varinder Singh,
Nirmal Singh, Satpal Singh, Harjeet Singh Bagga, Parminder Pal Singh
@Bobby appellant Jasbir Singh Shers and others through secure means
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRA-D-942-2024
like WhatsApp calls, VOIP calls etc. Investigation established that
Harmeet Singh @ Ph.D. had sent Heroin in India through a network of
drug traffickers that was sold by arrested accused Jajbir Singh Samra
through the entire network, established by him and proceeds/value of
Heroin was channelized through various Hawala Operators, associates
of Jasmeet Singh Hakimzada, located in Amritsar, Delhi and Dubai,
accused persons namely Nirmal Singh, Satpal Singh, Hiralal, Harjeet
Singh @ Bagga, Parminder Pal Singh Booby, appellant Jasbir Singh @
Shera and others. It is worth mentioning here that transfer of proceeds
from accused to the couriers/associates of Jasmeet Singh Hakimzada, for
further movement of money to Hawala operators, was jointly coordinated
by Jasmeet Singh Hakimzada and Harmeet Singh @PhD. Thus, Harmeet
Singh @PhD with the close association of Jasmeet Singh Hakimzadais
running the Narco terror network in India. The investigation further
established that Harmeet Singh @PhD had radicalized accused Jajbir
Singh Samra to do something for the Panth and conspired with Jajbir
Singh Samra and accused Varinder Singh for placing hand grenades for
commission of a terrorist act or any act preparatory to the commission of
a terrorist act.
(v) During investigation, as per disclosure made by the accused Jajbir
Singh Samra @ Jas @ Jazz, accused Jasbir Singh @ Shera (A-11) was
arraigned as an accused and subsequently arrested in Central Jail,
Amritsar. During his examination, he revealed the fact that he used to
purchase heroin from Jajbir Singh Samra (A-1) and further used to sale
in the local market. He was remained in contact with Jajbir Singh Samra
(A-1) and as well as with Varinder Singh Chahal (A-3) during the
transactions/delivery of the consignments of heroin."
6. Co-accused of the appellant i.e. Harjit Singh @ Bagga has approached the
Hon'ble Supreme Court in SLP No. 38374 of 2024 against the order of dismissal of
his bail petition and the Hon'ble Supreme Court has dismissed the said SLP.
7. It shall be relevant to refer to following portion of reply which reads as
follows:
"1. Investigation established that A-11 being a close associate of
Jajbir Singh @ Jajj (A-1) he used to purchase heroin and further used
to sell the heroin through the entire network, established by A-1 in
order to generate proceeds which were then town over through hawale
channels. It is established that Jasbir Singh @ Shera (A-11), hatched
the criminal conspiracy with A-1 and others for selling the heroin in
the local market like a syndicate with the association of A-1 and
others. A-11 has knowingly procured and sold the heroin and financed
illicit trafficking of heroin.
2. That the Charge-sheet in the instant case was filed vide which
more than sufficient evidence against the accused appellant A-11 and
other accused was placed on record to prove his guilt and to unearth
authenticity of this order/judgment
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CRA-D-942-2024
the larger conspiracy of international funding to further the terrorist
activities of banned terrorist organization KLF.
3. The accused appellant A-11 was charge-sheeted in the instant
case for the offences under sections 120B r/w sec. 27A and 29 of
NDPS Act and the learned NIA Spl. Court Mohali vide order Dt.14-01-
2021 Annexure P-1 has framed charges against him under sections
120B r/w sec. 27A and 29 of NDPS Act. It is also submitted that A-11
had past criminal record. He is an accused in case FIR No 45/2020
dated 21-03-2020 u/s 21, 29 NDPS Act PS Lopoke, Punjab which
speaks that he is habitual offender and bar of section 37 NDPS Act
also implies to the present bail petition of accused/ applicant."
8. As per the custody certificate dated 08.03.2026, the custody of the appellant in this
case is 05 years, 10 months and 09 days. In the present case, recovery of two hand grenade was
from co-accused and charges under UAPA have been framed against them for possessing hand
grenade and smuggling heroin and channeling the money through hawala. Petitioner is also a
member of racket and associates in the module of outfits of KLF which is a banned organization
involved in anti-India activities.
9. In UOI Rep. by Insp. of NIA v. Barakathullah, [2024] 5 S.C.R. 1011; 2024 INSC
452, May 22, 2024, the Hon'ble Supreme Court holds,
[2]. The Central Government in Ministry of Home Affairs, CTCR
Division having received a credible information that the office bearers,
members and cadres of Popular Front of India (PFI), an extremist Islamic
organization have been spreading its extremist ideology across Tamil
Nadu, by establishing State Headquarters at Purasaiwakkam, Chennai
and also offices in various districts of Tamil Nadu and that through their
frontal Organizations like Campus Front of India, National Women's
Front, Social Democratic Party of India etc., they conspire for
committing terrorist acts, raise funds for committing terrorist activities
and recruit members for furthering their extremist ideology, and that the
frontal organizations and PFI were involved in the recruitment of
members to various prescribed terrorist organizations, passed an order on
16th September 2022, in exercise of the powers conferred under sub-
section (5) of Section 6 read with Section 8 of the National Investigation
Agency Act, 2008 (hereinafter referred to as the 'NIA Act'), directing the
National Investigation Agency to take up investigation of the said case.
In view of the said order, an FIR being RC-42/2022/NIA/DLI came to be
registered on 19.09.2022 against the present respondents and other
members and office bearers of PFI for the offences under Section 120(b),
153(A), 153(AA) of IPC and Section 13,17,18,18(B), 38 and 39 of the
Unlawful Activities (Prevention) Act, 1957 (hereinafter referred to as the
"UAPA").
[22]. In the instant case, we are satisfied from the chargesheet as also the
other material/documents relied upon by the appellant that there are
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRA-D-942-2024
reasonable grounds for believing that the accusations against the
respondents are prima facie true and that the mandate contained in the
proviso to Section 43(D)(5) would be applicable for not releasing the
respondents on bail. Having regard to the seriousness and gravity of the
alleged offences, previous criminal history of the respondents as
mentioned in the charge-sheet, the period of custody undergone by the
respondents being hardly one and half years, the severity of punishment
prescribed for the alleged offences and prima facie material collected
during the course of investigation, the impugned order passed by the
High Court cannot be sustained. We are conscious of the legal position
that we should be slow in interfering with the order when the bail has
been granted by the High Court, however it is equally well settled that if
such order of granting bail is found to be illegal and perverse, it must be
set aside.
10. Given the role of the appellant and the period of custody, this Court is of the view
that he is not entitled for grant of bail at this stage, as such, appeal is dismissed and order
passed by the Special Court is upheld. However, liberty reserved to the appellant to file a
fresh application for bail before the trial Court, if the trial is not concluded within
reasonable time. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
(SUKHVINDER KAUR)
JUDGE
24.04.2026
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
