VINAYAK SEN Vs. STATE OF CHHATTISGATH

JUDGEMENT

(1.) THE petitioners, who have been arrested in connection with Crime No. 44/2007 registered at police Station Ganj, Rajpur, u/ss. 10 (a) (i), 20, 21, 38, 39 of the Unlawful Activities (Prevention)Act 1967 and Section 8 (1) (2) (5) of the Chhattisgarh Vishesh Jan Suraksha adhiniyam, 2005 (hereinafter referred to as the Act of 1967 and Act of 2005) and Section 120-B, 121-A, 124-A of IPC. has filed this petition u/s. 429 of the Code of Criminal procedure for grant of regular bail as he is in jail since 14-5-2007.

(2.) THE case of the prosecution is that one Narayan Sanyal alias Navin Sanyal (a co-accused of this case) is kept in custody in Central Jail, Raipur. He happens to be a member of terrorist organization namely communist Party of India (Marxist Leninist)enlisted at Entry No. 24 of the Schedule prepared u/ss. 2 (1) (m) and 35 of the Act, 1967. The allegations are that the petitioner is also associated with the said organization with an intention to further its activities and he supports the activities of the said organization and the works pertaining to such activities by making support to Narayan sanyal. The specific allegations are that he used to carry the secret letters written by narayan Sanyal to his other associates regarding monitoring of the unlawful activities of the organization and for that he met narayan Sanyal for about 33 times in Central Jail, Raipur, in between 26-5-2006 and 30-4-2007. The further allegations are that he had arranged for a house on rent for the activities of the said organization. It is also alleged that during his meetings with narayan Sanyal in Jail, he had planned to commit unlawful activities in the area of chhattisgarh and was deeply involved in such acts.

(3.) THE facts of the case are that on 6-5-2007, another co-accused Piyush Guha was caught by the Police in suspicious condition. During his search, 3 letters (one written in Bangla and two written in English)were seized from his possession. Some objectionable literatures were also seized along with a cash amount of Rs. 49,000/ -. When he was called upon to explain the possession, he stated that Narayan Sanyal, who is in jail, is a member of the terrorist organization (enlisted vide Entry No. 24 referred to above) and he is the master mind and he had given 3 letters to the petitioner for handing over them to the concerned persons and the petitioner had handed over these letters to him for its delivery. After receipt of the said information, a search was conducted in the house of the petitioner on 19-5-2007. From there, a CPU was seized on the suspicion of containing secret information pertaining to Naxalite activities. A postcard written by Narayan Sanyal to the petitioner was also seized. Besides, 8 Nos. of Compact disc (C. Ds.) having objectionable material pertaining to Naxalite activities, were also seized. During the course of further investigation, information from the Superintendent of Police, Rajnandgaon and the Superintendent of Police, Dantewara (South Bastar)both Naxalite affected districts were also collected which reveals the association of the petitioner in many Naxalite operations in their area. According to them, when they collected/seized the objectionable materials from the possession of Naxalites, some of those objectionable materials were also related to the petitioner, which shows the association of the petitioner with the said organization, the activities of which are being monitored by Narayan Sanyal. The overall allegations are that the petitioner played a vital role in communicating the instructions of Narayan Sanyal to the field workers of the said organization and in this manner, he is promoting the Naxalite activities in the area.