SURESH RAJ Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Whether a Special Court constituted under the National Investigation Agency Act, 2008 can invoke the powers under Sec. 306 of the Code of Criminal Procedure to grant pardon to an accused at the post cognizance stage, is the issue posed by the appellant in this appeal. The incidental issue, which pops up, is whether pardon can be granted at the post cognizance stage to a person, who has not been arraigned as an accused in the final report.

(2.) The appellant herein is presently the sixth accused in S.C No.04/2021/NIA on the files of the Special Court for Trial of NIA Cases, Ernakulam. In the instant appeal, the appellant impugns the order dtd. 17/1/2022 in Crl.M.P No.252/21, as per which, application filed by the N.I.A at the investigation stage seeking grant of pardon to accused nos.3, 8 and 14, has been taken up for consideration in the post cognizance stage, overruling the objections raised by the appellant/A6 and directed production of the said accused persons before the court in the next posting date.

(3.) The prosecution allegations and incidents, which culminated in the impugned order are narrated herein below:- A Sreelankan fishing boat by name 'Ravihansi' was intercepted by the Indian Coast Guard in the Arabian Sea, which contained huge quantities of narcotic drugs, along with 5 AK-47 riffles and 1000 nos of 9 mm ammunition. The boat was seized by the Narcotic Control Bureau on 25/3/2021. A case, numbered as 2/2021, in respect of the narcotic drug (Heroin) seized, was registered against the six Sreelankan nationals, who travelled in the said boat on 26/3/2021. In respect of the other items found in possession of the accused persons, Crime No.498/2021 was registered before the Vizhinjam Police Station on 5/4/2021 under Sec. 27 of the Arms Act, read with Sec. 34 of the Penal Code against the said six accused persons. Pursuant to a notification issued, the N.I.A took over the investigation and the case was re-registered as R.C.No.1/2021/NIA/KOC under Ss. 7, read with 25(1AA) of the Arms Act. After effecting formal arrest of the six accused persons from the Central Jail, Poojappura, they were produced before the Special Court, Kochi. In the custodial interrogation of the accused persons, the role of accused nos.7 (appellant herein) and 8 were revealed and they were arrested on 2/8/2021. According to the prosecution, accused nos.7 & 8 are members of the proscribed organisation, Liberation Tigers of Tamil Eelam (for short LTTE). Subsequently, offences under Ss. 38, 39 and 40 of the Unlawful Activities (Prevention) Act were also incorporated.