THOKCHOM JADUMANI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) SCC 335..

(2.) The relevant facts giving rise to this revision petition have to be recapitulated in order to enable me to give my reasons for the finding which I will be arriving at on the interpretation of certain provisions of the Criminal Procedure Code (Cr. P. C), the Unlawful Activities (Prevention) Act, 1967 and Constitution of India.

(3.) An information was lodged by the Officer-in-Charge, Thoubal P. S., on 27.04.2008 at 12.15 p. m. for an occurrence which took place on 13.06.2003; therefore, the information was lodged about 5 years after the occurrence. The main contents of the said FIR are that the accused-petitioner has established one Petrol Pump under the name and style "Sorojini Filling Station" with the terrorist funds raised by the unlawful organization namely, PLA (Peoples Liberation Army). The S/S Finance Secretary of the PLA namely Balaram @ Suresh Bhaiya is a close friend of the accused-petitioner. The accused-petitioner does not have enough money to raise huge funds for the said Petrol Pump on the piece of land covered by CS Dag No. 5898 measuring an area of 0.4733 hectare just adjacent to N. H. 39. The said land is recorded in the name of the wife of the accused-petitioner namely, Sorojini Devi. The value of the said land under CS Dag No. 5898, according to the local market prevailing in the year 2005 would be Rs. 25,50,000/- (Rupees twenty five lakhs fifty thousand) as assessed by the Sub Deputy Collector, Thoubal. The said land was purchased from one Kh. Shatpa and Kh. Ibomcha, s/o Kh. Angou of Khangabok Khullakpam Leikai for a consideration amount of Rs. 50,000/- vide registration No. 472 dated 13.06.2003 by concealing the exact purchase amount to evade the non-judicial stamp fee and registration fee. The accused petitioner has shown a sum of Rs. 32 lakhs as loan from the SBI Thoubal Branch against the value assets such as cash in hand Rs. 10 lakhs, immovable properties- Rs. 10 lakhs, stock business-Rs. 15 lakhs, gold ornaments-Rs. 50,000/- and movable assets-Rs. 40 lakhs. On the basis of the said information a regular case i. e. FIR case No. 102 (4) 2008 Thoubal RS for the offences punishable under Section 121, 121-A IPC and Sections 17, 21 UA(P) A Act 2004 (sic) 1967 had been registered.