SADANALA RAMAKRISHNA & ORS Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) These three appeals under the provisions of sub -Section (4) of Section 21 of The National Investigation Agency act, 2008 (the 2008 Act) have been preferred against three orders passed by the Learned Chief Judge, City Sessions Court, Calcutta, (the First Court) rejecting the prayers of the appellants for bail. The prayer for bail of the appellants has been rejected on 17th February 2014, by Order No. 77 of that date in CRA 197 of 2014. CRA 345 of 2014, the appeal is against the order of rejection of bail of the appellant by the same Court on 31st March 2014. The appellant in CRA 257 of 2016 has assailed the order of rejection of his bail by the same Court on 29th February 2016. In Criminal Appeal No. 197 of 2014, there are three appellants, being Sadanala Ramakrishna (AP 1), Sukumar Mondal (AP 2) and Paru Patel @ Arka Paru Arjun Patel (AP 3). In CRA 345 of 2014, the appellant is Sambhu Charan Pal (AP 4). The appellant in CRA 257 of 2016 is Bapi Mudi (AP 5). All the appellants have been implicated in different offences under the provisions of Indian Penal Code 1860 (the 1860 Code), Arms Act 1959, (the 1959 Act) Explosive Substances Act, 1908 (the 1908 Act) and Unlawful Activities (Prevention) Act, 1967 (the 1967 Act). Initially, the case from which these appeals originate, was registered on 1st March, 2012 in Jorasanko police station, Kolkata, numbered 138 of the same date. On 29th March, 2012, in exercise of powers under Sections 6(3) read with 6(4) and 8 of the 2008 Act, the Central Government had directed the National Investigation Agency (NIA) to take up the investigation. The order was issued by Dharmendra Sharma, Joint Secretary to the Government of India, Ministry of Home Affairs. On this Order, point has been taken on behalf of the appellants that the same is invalid not having been made and executed in the name of President of India. We shall deal with this argument later in this judgment. The case was registered as Regular Case No. 1/2012/NIA/New Delhi by the NIA. Charge Sheet in the case has been submitted on 23rd August, 2012, followed by a Supplementary Charge Sheet on 27th December 2012. In the main Charge Sheet, AP 1, AP 2, AP 4 and AP 5 have been arraigned as accused, whereas AP 3 has been arraigned as an accused in the Supplementary Charge Sheet. A composite Paper Book has been filed in CRA 197 of 2014 and CRA No. 257 of 2016. No Paper Book has been filed, however, in CRA No. 257 of 2016. But these three appeals arise in connection with orders passed in the same case, and we chose to proceed with hearing of CRA 257 of 2016 on the basis of petition of appeal only, as there is a common Case Diary in connection with these appeals. We accordingly dispense with the formal requirement of filing of Paper Book in this appeal and also compliance of the formalities by consent of the learned counsel for the parties.

(2.) AP 1, along with another accused, Rajesh Kumar Sahu were arrested on 29th February 2012 near Mohammed Ali Park in the Central part of Kolkata by a police team formed by the men of Special Task Force Kolkata on the basis of source information. It appears from the Case Diary that various incriminatory materials were recovered from them, including Maoist literature, forged driving licence and documents showing purchase of certain other items as also 25 rounds of prohibited ammunitions and cash of Rs.2,48,125/ -. It has been alleged that AP 1 was using a forged driving licence identifying him as Swagat Kasturi. From possession of the co -accused, documents and drawings relating to Rocket Launchers, accounts showing maintenance of a flat were recovered, along with cash of Rs.2,50,130/ - and explosive materials which were later certified by the forensic laboratory, CFSL to be Urea Nitrate. Further investigation led the police team to a workshop at 49, B.T. Road, Kolkata. Prosecution case is that this workshop was established by the aforesaid arrested accused persons, and in presence of AP 2, AP 4 and AP 5, several components and parts of Rocket Launchers and other weapons were being manufactured there. Sukumar Mondal (AP 2) had taken the room on rent, whereas Sambhu Charan Pal (AP 4) and Bapi Mudi (AP 5) used to work in the said workshop as per the prosecution case. AP Nos. 2, 4 and 5 were also arrested on the same day, that is 29th February 2012. The raiding team, continuing investigation reached two flats, one at Gayenbari, Rajchandrapur, Bally, Howrah and the other at Moinak Apartments, Ajodhyanagar, APC Road, Kolkata. From the former flat, drawings, literature and finished components of Rocket launchers and other weapons, transaction documents pertaining to certain firms including a fictitious firm by the name of 'M/s Durga Technical Services, purchase documents of certain items as also cash of Rs.70,000/ - Rs.36,98,000/ - and Rs.18,00,500/ - in different packets were recovered. From the latter premises also, prosecution alleges recovery of different purchase and transport documents involving different firms in the State of Chattisgarh, cash of Rs.16,00,000/ - and Rs.20,00,000/ -. Maoist literature, laptop and other computer related items, certain identity cards, and deed of conveyance pertaining to the said flat as also substantial quantities of metal slabs and metal harwares and several other items are also alleged to have been recovered therefrom.

(3.) The NIA had registered the case as FIR No. 01/2012/NIA/DLI dated 12th April 2012 under Sections 120B, 121, 121A and 122 of the 1860 Code, Section 25(1A) of the Arms Act, 1959 Section 5 of Explosive Substance Act, 1908 and Sections 18, 20, 40(1)(b) (c) of the 1967 Act. The NIA had thereafter obtained sanction of the Central Government under the provisions of Section 196 of the Code of Criminal Procedure, 1973, Section 45 of the 1967 Act and Explosive Substances Act for prosecution of AP 1, AP 2, AP 4 and AP 5 along with another accused in terms of an Order dated 22nd August 2012 (No. I -11011/21/2012 -IS -IV), issued by the Central Government. Sanction was given for prosecution of AP 1 and another accused for offences punishable under Sections 120B, 121, 121A, 122, 419, 467, 468 and 471 of the 1860 Code, Sections 25(1)(a), 25(1A), 25(1AA) and 25(1B)(a) of the Arms Act, Section 5 of the Explosive Substance Act and Sections 17, 18, 20, 21 and 40(2) of the 1967 Act. Sanction under the aforesaid provision was accorded against AP 2 for offences punishable under Sections 120B, 121, 121A and 122 of the 1860 Code, Sections 25(1)(a), 25(1A), 25(1AA) and 25(1B)(a) of the Arms Act, Section 5 of the Explosive Substance Act and Sections 17, 18, 20, 21 and 40(2) of the 1967 Act. Sanction was accorded for prosecution of AP 4 and AP 5 for the offences punishable under Sections 120B, 121, 121A and 122 of the 1860 Code, Section 5 of the Explosive Substance Act and Sections 18 and 20 of the 1967 Act.