AKHIL GOGOI Vs. NATIONAL INVESTIGATION AGENCY, NIA

JUDGEMENT

(1.) Heard Mr. Hafuza A. Ahmedi, learned senior counsel, assisted by Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr. S.B. Raju, learned Addl. Solicitor General of India, assisted by Mr. R.K.D. Choudhury and Mr. Sathya Narayana, learned standing counsel for National Investigating Agency (NIA for short).

(2.) The appellant herein is the accused in Spl. NIA Case No. 2/2020 arising out of NIA Case No. RC-13/2019/NIA-GUW. This appeal under section 21(4) of the National Investigating Agency Act, 2008 is directed against the order dated 13.07.2020, passed by the learned Special Judge (NIA), Assam, Guwahati (hereinafter referred to as the "Special Judge" for brevity) in Misc. Case No. 18/2020 arising out of Spl. NIA Case No. 2/2020, thereby rejecting the prayer for grant of bail.

(3.) The learned counsel for the appellant has filed 3 (three) bound paper- books containing 1278 pages of materials purportedly supplied to the appellant along with the charge-sheet. Moreover, the learned counsel for the appellant has also filed a written synopsis of argument consisting of 43 pages, supported by 3 (three) volumes of convenience compilation No. I and II consisting of 957 pages as well as convenience compilation-III consisting of 122 pages. The respondent's side has filed their notes of submission consisting of 6 pages, against which the appellant's side has filed written notes of submissions in rejoinder consisting of 43 pages. Apart from hearing oral argument, the Court has also perused the memo of appeal consisting of 144 pages and affidavit- in- opposition filed by the respondent consisting of 123 pages. It is mentioned at the outset that although the Court has considered all the materials in its entirety, but in this order, the Court has recorded only the truncated submissions of the learned senior counsel for both sides to avoid burdening the order with voluminous reference materials submitted.