THOUNAOJAM SHYAMKUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner in both these cases is one of the accused in FIR No. 70 of 2006 registered at Police Station Special Cell under Sections 121/121 -A/122/123, 419, 420, 468 and 471 IPC, Sections 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 [UAPA] and Sections 3 and 9 of the Official Secrets Act, 1923(OSA).

(2.) BY an dated 25th July 2008, the learned Additional Sessions Judge (ASJ), Delhi passed an order on charge holding that prima facie the offences under Sections 120B, 474, 419, 468, 471 IPC, Sections 3 and 9 OSA read with Sections 18, 19 and 20 UAPA are made out against the petitioner. Subsequently charge was framed against the petitioner by the learned ASJ by a separate order dated 2nd December 2008. Aggrieved by the order on charge dated 25th July 2008, the petitioner has filed Crl. Rev. (P) No. 600 of 2008.

(3.) THE case of the prosecution is that on 2nd October 2006 at about 11a.m specific information was received that high ranking two terrorists of the banned United National Liberation Front (UNLF) were going to Kathmandu from IGI Airport, Delhi by an Indian Airlines Flight No. IC 813. One sympathizer of the organization was also with them. The information was recorded in the daily diary. A team of police officials was constituted under the supervision of Inspector Mohan Chand Sharma. The raiding p y rushed to IGI Airport at around 1.10 pm. There the police officials came to know that three passengers, Maibam Milan Singh, Shyam Kumar (the petitioner) and R.K. Romeo Singh had been off loaded by the airline. The said three persons were intercepted as they emerged from the airport. M.K. Singh and R.K.Romeo Singh were found in possession of fake identity cards apparently issued by the Forest Department, Government of Manipur, Imphal. It was also revealed that they were travelling to Nepal on the basis of those fake identity cards. The three persons were then brought to the office of Special Cell where they were interrogated. Their luggage was also checked. During interrogation, it was revealed that the actual name of M. Milan Singh was M.J.K. Singh. The real name of R.K. Romeo Singh was found to be P.G. Singh. The name of the third person was revealed as Thounaojam Shyamkumar Singh (T.S.K. Singh).