WUTHIKORN NARUENARTWANCH @ WILLY Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This is an appeal under section 21(4) of National Investigation Agency Act, 2008 ("NIA Act") filed by the appellant for grant of regular bail. The appellant impugns the order dated 07.11.2016 passed by the Special Court (NIA) whereby the bail application filed by the appellant/accused no.4 has been dismissed.

(2.) The appellant is a permanent resident of Bangkok, Thailand and claims to be married having three children. It is the case of the appellant that the Government of India having received information that the accused no.1 and 2 had conducted negotiations for purchase of arms and ammunitions and deposited money in a foreign bank account, had directed the National Investigation Agency (NIA) to conduct investigation. Accordingly, FIR 01/2010 dated 13.01.2010 was registered implicating the appellant along with accused nos.1, 2 and 3. It remains the case of the appellant that he has been falsely implicated along with accused nos. 1, 2 and 3 who are allegedly members of insurgent group by the name of National Socialist Council of Nagaland (Isac Chisi Swu and Thuengaleng Muivah faction) ["NSCN (IM)"]. The accused nos. 1, 2 and 3 were named in the FIR. The present appellant was arrayed as accused no. 4 at the time of filing of charge-sheet dated 26.03.2011. The appellant was not in custody at the time of framing of charges and he was then residing at Bangkok, Thailand. An extradition request dated 16.04.2013 was sent by the Government of India, pursuant to which, the appellant was arrested by the Royal Thai Police in Bangkok on 30.08.2013, held in custody and thereafter, extradited and transferred to the custody of NIA on 08.12.2015. The appellant was produced before the Special Court on 08.12.2015 and remanded to custody with the NIA. Upon the expiry of the remand, the appellant has been detained in judicial custody since 23.12.2015.

(3.) We may note that while accused no.1 was arrested on 02.10.2010, accused nos.2 and 3 have been declared proclaimed offenders. The accused no.1 has already been granted bail by the Special Court by order dated 02.08.2016 and subsequently, accused no.1 has already been allowed to leave the jurisdiction of Delhi and travel to Nagaland and Manipur vide order dated 30.11.2016. The appellant had moved the first application seeking regular bail on 25.07.2016, which was dismissed by an order dated 07.11.2016 leading to the present appeal.