ZAFAR IQBAL SHOLAPUR Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) THIS is an appeal filed under Section 21(4) of the National Investigation Agency Act, 2008 by Accused Nos.10 and 15 in Special Case No.52/2013 on the file of Addl. Sessions Judge, Special Court for NIA cases, City Civil Court, at Bangalore city.

(2.) BRIEF facts of the case leading to the filing of the appeal may be stated as under:

(3.) LEARNED counsel for the appellants/accused submits that there is no prima facie to connect the appellants/accused for any of the alleged offences. He also submits that Accused No.10 was arrested on 30.08.2012 and Accused No.15 was arrested on 02.09.2012 and there is no material to show that the appellants are the members of banned organization and the provisions of the Unlawful Activities (Prevention) Act do not attract. He also submits that the accused persons are innocent and no incriminating article is seized; the allegation against Accused No.15 is that he has purchased Ketamine injection ampule drug from C.W.52 and he (Accused No.15) being a Medical Practitioner and purchasing the medicine does not connect the accused for the alleged offences; that Accused No.10 never visited Pakistan as alleged by the prosecution and there is no material to show that he had visited Pakistan. It is also contended that Accused No.10 has secured a seat for M.D in Anesthesia at Bellary and has paid fees to pursue his studies and Accused No.15 has taken admission for M.Sc in Anatomy. He has cited the following decisions: