Gagandeep Singh v. National Investigation Agency

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Reserved on: 09.03.2026 Pronounced on : 24.03.2026

¶1CRA-D No.1617 of 2025 (O&M)

GAGANDEEP SINGH …. Appellant

Versus

NATIONAL INVESTIGATION AGENCY …. Respondent

¶2CRA-D No.91 of 2026 (O&M)

SHUBHAM SANDHAL @ DEEP HUNDI …. Appellant

Versus

NATIONAL INVESTIGATION AGENCY …. Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MRS. JUSTICE RAMESH KUMARIo

Present : Mr. Harlove Singh Rajput, Advocate and Mr. Jashandeep Singh Bains, Advocate for the appellant(s).

Mr. Sukhdeep Singh Sandhu, Special Prosecutor for respondent-NIA.

Ms. Sakshi Goel, Advocate for the complainant. ****

FIR Date Police District Under Sections No. Station 95 18.02.2025 Goindwal Tarn 13 of Punjab Travel Sahib, Taran Professionals (Regulations) Act, 2014 and Section 318 of BNS, 2023

CRA-D No.1617 of 2025 and 91-2026 (O&M) -2-

RAMESHoKUMARI, J.

¶1Both the appeals have been filed by the above named appellants against the impugned orders passed by learned Special Judge, NIA, Punjab, SAS Nagar Mohali, whereby the bail applications pending trial in case bearing No. RC-04/2025/NIA/DLI dated 13.03.2025 under Sections 143, 318, 238 of BNS and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, were dismissed.

¶2The case pertains to the illegal immigration of Gursewak Singh who went to USA through the "Dunki route," via Spain, El Salvador, Guatemala, and Mexico. He alleged that the appellant, Goldy (Gagandeep Singh), an agent, cheated him by sending him to the USA on an invalid visa after taking ₹45 lakhs. During the journey, he was harassed and physically assaulted by the "Donkers," and his money was snatched before crossing the US border. While attempting to cross the border, he was apprehended by the US Border Patrol and detained for 19 days. He was deported from the USA on 13.02.2025 and arrived at Amritsar on 15.02.2025.

¶3Since, the aforesaid facts attracted Section 143 of BNS, 2023 (Section 370 of IPC) which is a scheduled offence in terms of National Investigation Act, 2008, the NIA accordingly took over investigation of this case.

¶4During investigation, it is transpired that Gagandeep Singh @ Goldy despite having no authorization was acting as an immigration agent and in connivance with his Indian and foreign based associates, illegally sends persons to USA through dangerous 'Dunki Route' via Spain, EI

Salvador, documents was duped into USA. were detai associates After extra 'Dunki Ro Rs.11.22

30.04.2023 victims as Sandhal @ the hawala financed th on 'Dunky locations, discussion his involve

¶5We have h and learne

¶6Learned c Singh @ through hi (420 of IP

Guatemala and Mexico wit s. The complainant Gursewak d by the accused of huge amou On the directions of the accused ined and physically and mentally (Donkers) while travelling from acting money, they were forced t oute'. The accused-Shubham S lakhs as proceeds of human t

¶3These transactions correspo s well as data analysis from sei @ Deep Hundi. Victims and witn a handler who collected money he 'Donkers' and coordinated p y Route'. Digital evidence such money-confirmation screen sho ns corroborate the role of Shubh ement in organizing the traffickin heard learned counsel for the ap ed counsel for the complainant. counsel for the appellant conte Goldy compromised with the is wife. It is mere case of offen C), which are compoundable. Th

O&M) -3-thout valid visas and travel Singh along with many others, unt of money for securing entry d, complainant and other victims y harassed by accused's foreign m Spain to Mexico-U.S. border. to cross U.S. border illegally via andhal @ Deep Hundi received trafficking from 01.01.2023 to nd with the statements of the ized mobile phone of Shubham nesses statements identify him as y, routed it illegally to Mexico, ayments for victim's movement h as WhatsApp groups, shared ts, traveler lists and hawala-rate ham Sandhal @ Deep Hundi for ng network. ppellants, learned State counsel ended that accused Gagandeep complainant Gursewak Singh nces under Section 318(4) BNS he allegation against the accused l , y s n . a d o e m s , t d e r l p h S d

is exagger evidence i trafficking were recor these 38 v filed any c from USA Taran. Th filed by N Robin and aggrieved their state entered in their son/b PW-114 P Sushil is Sandeep K is brother against the not level a to Greece and later f in this cas accused.

rated showing it as a case of h in support of the allegation th g. Prosecution initially alleged th rded but the said victims are re victims, 34 alleged victims are complaint. Out of remaining 4, A, who gave the complaint and e remaining 3 victims who hav NIA in their additional reply a d Gomsy. As per the NIA all and did not enter USA and we ments recorded by NIA. Both n USA in 2019 and have valid brother Gomsy is happy in USA Pardeep and PW115 Surinder their brother-in-law. The alleg Kumar who is not accused in this -in-law (wife's brother) of Sur e appellant Gagandeep Singh @ allegations against the appellant via Serbia by one local agent w from Greece, he was sent to USA e. Statement of PW119 is vague

O&M) -4-human trafficking. There is no hat accused indulged in human hat the statements of 150 victims educed to 38 in number. Out of residing in USA and have not only one person stood deported got the FIR registered at Tarn ve been shown as per the chart are Saroj and his sons namely, legations, Saroj and Robin are ere cheated which is contrary to the witnesses alleged that they B-1/B-2 visas for 10 years and A and working as Taxi Driver. are real brothers and PW132 gations of cheating are against s case and said Sandeep Kumar, rinder. They did not complain @ Goldy. PW-119 Kulwant did and he alleged that he was sent who is not named in his statement A by Ali who is not an accused e and cannot be read against the o n s f t d n t , e o y d . t , n d t t d e

¶7Learned c Hundi, co trustworth agencies w is that he called 'D unsubstant nothing on Sandhal @ recovered

¶8Learned c investigati required. C challan wa Hundi an Prosecutio next date accused h been filed counsel, th appellants

¶9Learned co between Gagandeep

counsel for the appellant-accus ontended that statement of co hy because he altered his stand which makes his testimony unrel acted as a 'hawala agent' for Donkers' and main accused. tiated, without any credible or n record that establishes any dire @ Deep Hundi with the com from him. counsel for both the appellants/ ion is complete. Custodial interr Challan was submitted in June, 2 as present in October, 2025 aga nd Sunny@ Harry. Charges on has cited 142 witnesses and of hearing before the trial C ave no criminal antecedents. N against them before registration hus vehemently prayed for gra . ounsel for the complainant adm the complainant, namely, G p Singh alias Goldy.

O&M) -5-sed-Shubham Sandhal @ Deep omplainant in this case is not d before different investigating liable. The role attributed to him transferring money between so However, this allegation is admissible evidence. There is ect link of the accused Shubham mplainant. Nothing was to be /accused further contended that rogation of the appellants is not 2025. Thereafter, supplementary ainst Shubham Sandhal @ Deep were framed on 22.12.2025. none has been examined. The Court is 06.04.2026. Both the Not even a single complaint had n of the present case. The learned ant of regular bail to both the mitted the factum of compromise Gursewak Singh and accused p t g m o s s m e t t y p . e e d d e e d

¶10Opposing learned co of compla case was trafficking was not an establishes and illegal in conniva more than between 0 cheating, e trapped by and makin harassed p journey to illegally th times victi injuries fro

¶11Learned Singh @ G the compl Since, it is cannot be

the appeal(s) for releasing th ounsel for NIA submitted that it ainant Gursewak on the pretext transferred to NIA to addres g committed by accused. Chea n isolated incident on the part o s that both the accused had bee l human trafficking racket. Accu ance with his co-accused extorte n 150 victims through transac

05.07.2011 to 25.03.2025 by r extortion and illegal human traff y the accused on false represen ng false promise and then in physically, assaulted and explo USA through 'Dunky Route'. T hrough multiple countries withou ims were arrested or were depo om harsh travel conditions. counsel for NIA further conte Goldy in spite of being behind lainant in this case by entering s a case of larger issue of huma compromised/compounded and

O&M) -6-he appellant(s) on regular bail, is not a simple case of cheating of sending him abroad but the s the large offence of human ating of complainant Gursewak f the accused. The investigation en running a cheating, extortion used–Gagandeep Singh @ Goldy ed huge amounts of money from ctions running over 36 crores running/operating an organized ficking racket. The victims were ntations, giving false assurance a planned manner, they were oited by 'Dunkers' during their The victims were made to travel ut any legal documents. Many a orted, killed or suffered serious ended that accused Gagandeep bars had been able to win over g into a compromise with him. an trafficking, the said offences d that the offences for which the , g e n k n n y m s d e e e r l a s p r . s e

accused w minimum as well as appeals.

¶12We have c investigati cheated co on the pre USA but (Annexure Singh @ G to 25.03.2 debit of h under the Goldy is a

¶13Annexure detail of w Accused Gagandeep Singh @ Goldy Bhawna Gupta w/o Accused Gagandeep Singh @ Goldy

were charged are punishable wit period of 10 years which may s with fine. He vehemently pr considered rival submissions ad ion reveals that accused Gagan omplainant Gursewak Singh of a etext of sending him to USA w also cheated other persons. e R-2) of M/s Sayyesha Holid Goldy as sole proprietor, pertain 2025, that runs into 52 pages re huge amounts which substantiat garb of M/S Sayyesha Holiday allegedly running an immigration R-3 reflects the transactions inv which is as under:- Bank Account Details Credits Deb

(i) 013663300002437 (SAYYESHA HOLIDAYS)

(ii) Axis Bank A/C 919010030615322 (Kuldeep Singh)

(iii) Canara Bank A/C 000352500000237 (Bhawna Gupta) Rs.29,88,457/-

Rs.8,35,956.64/

Rs.4,26,707.70

Total= Rs.42,51,121.14 - ___ a d Canara Bank A/C 90462010125932 Rs.52,74,768.91 - Rs.

O&M) -7-th rigorous imprisonment for a extend to imprisonment for life ayed for dismissal of both the ddressed before this Court. NIA ndeep Singh @ Goldy not only an amount of Rs. 42,51,121.14/- who was later on deported from The bank account statement days run by accused Gagandeep ns to the period from 05.07.2021 eveals transactions of credit and tes the case of prosecution that s, accused Gagandeep Singh @ n business. volving the accused persons, the bits Closing Balance Remarks _ ___ Received fund from Gursewak Singh and Jaspa Singh across accounts 52,74,937.00 Rs.98.35/- High-volume activity; fund from Jaspal Singh and others a e e A y - m t p

d t @ e s k al s h

CRA-D No.1617 of 2025 and 91-2026 (O&M) -8-

Kuldeep Singh Axis Bank A/C Rs.22,09,025.57 Rs.22,07,488.14 Rs.1,537.43 Received via father of 919010030615322 Remitly from accused Jaspal Singh Gagandeep Singh @ Goldy Accused Sunny HDFC A/C Rs.3.71 crore Rs.3.65 crore Rs.5.56 lakh Rs.2,736/- (A-2) 50200028068919 transactions ; 79 persons involved; 25 identified as victims PNB A/C Rs.1.27 lakh Rs.1.27 lakh Rs. 236/- Minor activity 10292413000055 PNB A/C Rs.2.55 lakh Rs.2.44 lakh ___ Minor account 4478002100001405 Accused Axis Bank A/C Rs.11,22,724.00 Rs.10, Rs.38,5 Primarily cash Shubham 920010036429411 Rs.84,130.43 Rs.93.57 deposits; Sandhal @ commissions from Deep Hundi hawala transactions

¶14During the investigation, NIA recorded the statements of 133 witnesses. Besides the complainant Gursewak Singh, the statements of Gurdev Singh and others were recorded. The brief gist of allegations of these witnesses are as under:-

(i) Gurdev Singh s/o Sardar Sulakhan Singh cited at Sr. No.5 in the list of witnesses stated that he paid Rs.17.50 lakh to accused Gagandeep Singh @ Goldy for sending his son Navtej Singh to USA through legal route but arranged 'Schengen' visa for him, sent him to Mexico and illegally sent him to USA through his 'Donkers' like Sunny/Harry through 'Dunky Route'. Navtej Singh was caught by US Police while crossing US Border, kept in detention for 5-7 days.

(ii) Another witness, Gurnam Singh s/o Nishan Singh (listed at Sr. No.6 in the list of witnesses) stated that he sent his son Bikramjit Singh to UK for study where he was approached by one agent to send him to USA from London and sent him

(iii)

(iv)

air tickets from London to V Cancun (Mexico). When Bik he was demanded more mo Mexico. On the asking of Bik 5 lakh+ Rs. 2 lakh (in acco Rs.4.10 lakh (in account No. lakh in account No.01366 transferred this amount, after 'Donkers' snatched his mob his son entered USA soil. Ac which Rs.5 lakh was deposite and Gagandeep Singh @ Gold Sukhwinder Singh s/o Dalbir statement to NIA also alleged had talked with Gagandeep demanded Rs.16 lakh for sen means. On 27.02.2023, he account of M/S Sayyesha Singh @ Goldy from his Ba came to know that agent Ga people to America through ' America through this route af Baljeet Singh s/o Sarder Gur No.8 in the list of witnesse

O&M) -9-Vienna (Austria) and Vienna to kramjit Singh reached Mexico, oney. He remained stranded in kramjit Singh, he transferred Rs. ount No.9220100311086246), .64800001000216444) and Rs.5 63300002437) and when he 2-3 days, his son informed that ile phone and money and then ccount No.013663300002437 in ed is of M/S Sayyesha Holidays dy is proprietor of this Firm. r Singh listed at Sr. No.7, in his d that his son Vikramjeet Singh p Singh @ Goldy who had nding him to USA through legal deposited Rs.12 lakh in the Holidays of agent Gagandeep ank of Baroda and later on he agandeep Singh @ Goldy sends Dunki Route'. His son reached fter about a month later. rmej Singh who is listed at Sr. s also stated that he deposited o , n . , e t n n s s h d l e p e s d . d

CRA-D No.1617 of 2025 and 91-2026 (O&M) -10-

Rs.4,99,976/- in the account of his nephew Bikramjeet Singh nephew of Satnam Singh on the demand of agent Gagandeep Singh @ Goldy of M/S Sayyesha Holidays. He supported the statement of PW-6 Gurnam Singh.

(v) Satnam Singh s/o Nishan Singh listed at Sr. No.9 in his statement before Investigating Officer also supported the statements of PWs Baljeet Singh and Gurnam Singh regarding total deposit of Rs.16 lakh in the account of agent Gagandeep Singh @ Goldy on the pretext of sending his nephew Bikramjit Singh to America by legal ways.

(vi) Roorbir Singh listed at Sr. No.11 also stated that agent Gagandeep Singh @ Goldy charged huge amount to send his nephew Harpreet Singh to America and he sent Rs.7 lakh to agent Gagandeep Singh @ Goldy in his firm M/S Sayyesha Holidays's account on 01.03.2023 and Rs.  2,49,000/- was sent by their family member PW-10 Kanwaljeet Kaur @ Pannu. Harpreet Singh faced lot of difficulties in going to USA via 'Dunky Route' and he endured torture.

(vii) Charanjit Singh s/o Pritam Singh listed as witness No.3 also stated against accused Gagandeep Singh @ Goldy that his brother Joginder Singh paid huge amount to Gagandeep Singh @ Goldy for going to USA via 'Dunky Route'. On reaching Mexico Sunny @ Harry agent of Gagandeep Singh @ Goldy received him at airport. 'Donker' Sunny@ Harry

CRA-D No.1617 of 2025 and 91-2026 (O&M) -11-

took him to Mexico US Tejwania Border on foot and by taxi and entered USA. His brother Joginder Singh is in California

(USA) and is working as a truck driver. 'Donkar' Sunny@ Harry helped him in crossing the US border via Mexico on the instructions of agent Gagandeep Singh @ Goldy. The Donkar misbehaved and harassed him on the instructions of agent Gagandeep Singh @ Goldy.

(viii) Kanwaljeet Kaur @ Pannu w/o Parminder Singh listed as witness No.10 in her statement to NIA corroborated the statement of PW3 Charanjit Singh.

(ix) Surinder Pal Singh s/o Lt. Avtar Singh listed at Sr. No.22 in the list of witnesses also levelled allegations against Gagandeep Singh @ Goldy for sending his son Ajaypal Singh from UK to USA and Rs. 17 lakh was paid for the entire process but his son was sent through 'Dunky Route' i.e. from Heathrow Airport UK to Chile and from Chile to Panama and then Nicaragua by flight.

(x) Similar allegations are made by witnesses Ajaypal Singh s/o Sh. Surinder Pal Singh, Shamsher Singh s/o Sardar Balbir Singh, Amandeep Kaur s/o Sh. Tarsem Singh, Dhir Singh s/o Harnam Singh, Tarshem Singh s/o Sh. Joginder Singh, Sham Singh s/o Sardar Gurdeep Singh, Major Singh s/o Jit Singh, Navdeep Singh s/o Sardar Sukhdev Singh, Malkit Singh s/o Mahinder, PW-111 Sukhvir Kaur w/o Amandeep Singh, PW-

¶15Thus, the a running la statements amount by Holidays. working a Rs.11, 22, payments Shubham Therefore, running ra worth the Gagandeep

112 Kulwinder Kaur w/o Lt Singh s/o Lt. Rajinder Sing Singh, Surinder Kumar s/o K Gurjant Singh, Kimpreet Sing Singh s/o Harbhajan Singh, Imran Ali Kamilali Macnog Ajay Kumar Sharma s/o S Kumar, PW-128 Daljit Sin Harjinder Singh s/o Praka Narinjan Singh, Sushil Kuma Singh s/o Lt. Pritam Singh. allegations that accused Gagand arge scale human trafficking s of these witnesses as well as y these witnesses/victims in the Accused Shubham Sandhal @ at the behest of Gagandeep Sin 724/- was also made through ha were also made through cash in Sandhal @ Deep Hundi bea , the connivance of accused 2 acket of human trafficking/mig name is placed on record to p Singh @ Goldy that he is r

O&M) -12-t. Rajbir Singh, PW-113 Rajbir gh, Pradeep Kumar s/o Karan Karan Singh, Jagjit Singh s/o Lt. gh s/o Harinder Singh, Kulwant Saroj Kumar s/o Lt. Tilak Raj, giya s/o Kamilali Macnogiya, Shiv Sharma, Robin s/o Saroj ngh s/o Atma Singh, PW-129 sh Singh, Amarjit Singh s/o ar s/o Randhir Singh, Harbhajan deep Singh @ Goldy is regularly racket is corroborated by the by factum of payment of huge bank account of M/S Sayyesha @ Deep Hundi is stated to be ngh @ Goldy and payment of awala transactions and different n Axis Bank account of accused aring No. 920010036429411. 2 also cannot be ruled out in rants smuggling. No document o support the case of accused running any legal immigration r n . t , , j o n y e e a e f t d . n t d n

CRA-D No.1617 of 2025 and 91-2026 (O&M) -13-

agency. He facilitated the entry of different person in USA for his own financial gain by 'Dunky Routes' which is an irregular and illegal entry in USA. The victims who entered USA stated to have been tortured on the way by 'Donkers' and huge amount was extracted from them.

¶16Because of the international ramification of the human trafficking of migrants into USA soil, and seriousness of allegations against the accused, they are not entitled for grant of benefit of regular bail.

¶17In view of the above discussion, both the appeals are dismissed.

¶18Any observations made hereinabove while deciding both the bail applications, shall have no bearing on the merits of the case.

¶19However, before parting with this order we deem it appropriate to issue some directions to the prosecution. As out of the cited 142 witnesses, none has been examined so far and the case is fixed for prosecution evidence, therefore, the trial Court is directed to take the following steps for expeditious conclusion of the trial -

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