SOUGAIJAM RAKESH SINGH Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) THIS appeal has been preferred under Section 21(4) of the National Investigation Agency Act, 2008 (NIA Act), against order of refusal of bail to the appellant by the trial Court in Special N.I.A. Case No.01/2010.

(2.) THE case against the appellant was initiated vide F.I.R. dated 01.05.2010 lodged by City Police Reserve, Guwahati, stating that Sub-Inspector Sh. T. Borah with other police officers conducted search and raid on 30.4.2010 at 8.30 P.M. in the house of Sh. Y. Nabinchand along with co-accused Khundong Tomba @ Bikramjit of Manipur East at Guwahati during which a laptop, three pendrives, one wireless internet connection, one identity card in the name of Dilip Kumar and cash of Rs.50,000/- was recovered. During interrogation they disclosed themselves to be members of UNLF. Khundong Tomba is the vice-chairman of UNLF, a banned organisation and Nabin Chand is the Deputy Secretary HRD of the said organisation. THEy were staying at Guwahati secretly and carrying on illegal activities against the Government with the object of cessation of Manipur from India by arms terror and indulging in extortion to finance the unlawful outfits. After registering the said F.I.R. under the provisions of Sections 120(B), 121, 121(A), 122, 468 IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 (UA(P) Act), the case was again registered under the provisions of NIA Act as per directions of the Ministry of Home Affairs, Government of India, vide letter dated 14.9.2010. THE investigation was taken over by the NIA. THE appellant was arrested on 28.8.2010. After investigation, final report under Section 173 Cr.P.C. was filed on 14.2.2011 against 19 persons. THE appellant has been arrayed as accused No.6. In the Final Report it, was alleged that apart from two accused arrested during the search, 17 more accused persons were found to be involved in conspiracy to wage war against the Union of India by committing or attempting to commit terrorist acts, raising funds for committing terrorist activities, attempting terrorist acts which amounted to scheduled offences under the NIA Act. It was found during investigation that the appellant had carried out activities of UNLF in the form of disrupting the supply for community life in India, blockade of the NH-39 by threatening the unity, integrity and sovereignty of India. He was in touch with other co-conspirators and he acted in waging war against the nation. He had proximity with the top echelon of UNLF and raised and clandestinely transferred fund to the UNLF. This, according to the investigating officer, amounted to offence under Sections 120(B), 121, 121(A), 122 IPC and Sections 16, 17, 18 and 20 of UA(P) Act, 1967, as amended vide Act 35 of 2008 and due sanction for prosecution under the said provisions had been obtained.

(3.) THE learned trial Court relying upon Section 43D(5) of the UA(P) Act held that there were reasonable grounds for believing that the accusation against the appellant was prima facie true. Accordingly, bail application was dismissed.