JAI KISHAN SHARMA Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This is an appeal directed against the Order dtd. 14/2/2022 passed by the Special Judge, NIA, Dimapur, in NIA case No. RC-10/2019/NIA/GUW, taking cognizance of the offences charged against the appellant and his co-accused in the Charge-Sheet submitted by the NIA in NIA case No. 10/2019/NIA/GUW dtd. 17/9/2019.

(2.) Heard Mr. Biswajit Prasad, learned counsel appearing for the appellant assisted by Mr. Sanjay Shah and Mr. Moa Jamir. Also heard Mr. Vishal Dwivedi, learned Special PP, NIA and Ms. V. Suokhrie, learned PP for the State of Nagaland.

(3.) On 20/8/2019, the Special Operation Team of Dimapur Police was pressed on duty following an information received through sources and they intercepted a vehicle (Maruti Alto car) bearing Registration No. NL-07C-3984 at M.P. Road, Dimapur, and apprehended the occupants of the vehicle namely, Luckin Mashangva @Wanking Lowang @David (A-1) and Jaikishan Sharma @Jackson (A-2), the appellant herein. On search the team recovered a sum of Rs.18,910.00 (Rupees Eighteen Thousand Nine Hundred and Ten) from the possession of Luckin Mashangva and a sum of Rs.10,27,910.00 (Rupees Ten Lakhs Twenty Seven Thousand Nine Hundred and Ten) from the possession of Jaikishan Sharma (the appellant). After the apprehension of the two accused and seizure of the amounts mentioned above, the Special Operation Team took them to Dimapur East Police Station for interrogation. Based on their statements, another two persons namely, Samgin @Sangin @Samging Wangsu and Shri Wanglik Tangjang @Nalik, who were later made accused Nos. 3 and 4 respectively, were apprehended by the same Special Operation Team from Hotel Saramati, Dimapur. On their arrest a sum of Rs.99,000.00 (Rupees Ninety Nine Thousand) and a sum of Rs.360.00 (Rupees Three Hundred and Sixty) were recovered from the possession of the A-3 and A-4 respectively. During interrogation, it was revealed that the A-1, i.e. Luckin Mashangva is a self-styled Major of the NSCN(IM) and he and Jaikishan Sharma (A-2), the appellant herein, were always in touch with each other and they were involved in extortion of money from businessmen from Arunachal Pradesh by threatening and also destroying machineries of contractors when they did not relent to their demand. Further, it was also revealed that Jaikishan Sharma, the appellant, used to get Power of Attorneys in the name of some firms from many contractors in Arunachal by using his relationship with senior members of the NSCN(IM) including Luckin Mashangva, and from the profits he got out of such contract works, he used to send money to Luckin Mashangva or his wife through banking channels. Due to the facts and circumstances stated above and the revelations made, the FIR No. 0204/2019 was registered under Sec. 384 and 34 of the IPC read with Sec. 7 of Nagaland Security Regulation, 1962 (in short, NSR) against all the four accused. On 22/8/2019, the accused persons were produced before the learned CJM, Dimapur, and on that day the NIA submitted an application before the learned CJM, Dimapur, for permission to formally arrest the accused Luckin Mashangva and Jaikishan Sharma in connection with the NIA case No. RC-03/2019/NIA/GUW, which was registered in Arunachal in connection with the murder of an MLA, and at the same time prayed for their production before the Special NIA Court at Yupia, Itanagar.