IQBAL AHMED KABIR AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under section 21 of the National Investigation Agency Act, 2008 (NIA Act) is directed against an order dated 27 th May, 2019 passed by the learned Special Judge on an application (Exhibit 141) in NIA Special Case No. 3 of 2018, preferred by the appellant-original accused No. 3 for enlarging him on bail, whereby the said application for bail came to be rejected.

(2.) The background facts leading to this appeal can be stated in brief as under: The appellant has been arraigned as accused No. 3 in RC No.03/2016/NIA/MUM registered by NIA for the offences punishable under section 120B and 471 of Indian Penal Code and sections 13, 16, 18, 18B, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 (UAPA) and section 4, 5 and 6 of the Explosives Substances Act, 1908 (the Explosives Act). Initially, the accused No. 3 was arrested by ATS, Kalachowki police station on 7th August, 2016 in C.R. No. 8 of 2016. Charge sheet was fled by ATS on 7th October, 2016. Upon transfer of investigation to NIA, the later re-registered the crime as RC-03/2016/NIA/MUM and, post further investigation, fled supplementary charge sheet on 17th July, 2019.

(3.) The gravamen of indictment against the accused is that accused No. 1 namely Naserbin Abubaker Yafai (Chaus) has been in contact with the members of Islamic State/Islamic State of Iraq and Levant (ISIL)/ Islamic State of Iraq and Syria/Daish, a terrorist organization, which has been banned by the Government of India vide notifcation K.A. 534(A) on 16 th February, 2015.