NATIONAL INVESTIGATION AGENCY Vs. AKHIL GOGOI

JUDGEMENT

(1.) Heard Mr. D Saikia, learned senior counsel, assisted by Mr. Satyanarayana, learned Public Prosecutor for the appellants National Investigating Agency (for short, the NIA). Also heard Mr. DK Mishra, learned senior counsel assisted by Mr. B Prasad, learned counsel for the respondent Sri Akhil Gogoi (hereinafter referred to as A1) in Crl. Appeal No.121/2020 and Mr. Z Kamar, learned senior counsel for the respondents Dhirjya Konwar @ Dhajya Konwar, Manas Konwar @ Manas Pratim Konwar and Bittu Sonowal @ Bittu Sonowal @ Bitu Sonowal (hereinafter to be referred to as A2, A3 and A4 respectively) in Crl.Appeal No.130/2020.

(2.) The respondent A1 in Crl.Appeal No.121/2020 was arrested on 13/12/2019 by the investigating authorities in connection with Chandmari Police Station Case corresponding to FIR No.166/2019 registered under Ss. 120(B)/124A/153-A/153-B of the IPC read with Ss. 18/39 of the Unlawful Activities (Prevention) Act, 1967(for short, the UAPA-1967). Subsequently, the Central Government as per MHA order No. F.No.11011/62/2019/NIA dt. 14/12/2019, in exercise of its power under Sec. 6(4) of the National Investigation Agency Act, 2008 (for short, the NIA Act- 2008) formed its opinion and directed the NIA to investigate the matter and, accordingly, FIR No.RC-13/2019/NIA-GUW dtd. 14/12/2019 was registered by the Officer-in-Charge of Police Station NIA, Guwahati.

(3.) In course of the investigation, the Special Public Prosecutor filed a report under Sec. 43D(2)(b) of the UAPA-1967 seeking extension of custody of the accused respondent A1 from 90 days up to 180 days for continuation of the investigation. The application of the Special Public Prosecutor under Sec. 43D(2)(b) of the UAPA-1967 was registered as Petition No.492/2020 in the Court of the learned Special Judge NIA Assam and was given its consideration by the order dtd. 16/3/2020.