REDAUL HUSSAIN KHAN Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Heard Mr. D. K. Mishra, learned senior counsel assisted by Mr. N. D. Bhuyan, and Mr. B. Prasad, learned counsel for the applicant. Also heard Mr. D. K. Das, learned Standing counsel, National Investigation Agency (NIA) and Mr. J. A. Hasan, learned Senior Public Prosecutor, NIA.

(2.) This application under Section 389 of the CrPC has been filed praying for suspension of sentence and for release of the applicant on bail. The applicant is a convict who has been sentenced to Rigorous Imprisonment for 12 years under Section 17 of the UA(P) Act,1967 and Rigorous Imprisonment for 10 years under Section 120B of the IPC with fine of Rs.25,000/- on each count with default clauses vide the judgment and order dated 23.05.2017 passed by the Special Judge, NIA, Assam, Guwahati in Special Case. No.01/2009.

(3.) Mr. Mishra, learned senior counsel appearing for the applicant has taken us through the facts of the case and has attempted to point out that a clear distinction has been made between funding of terrorist outfit and funding of terrorist act by the UA(P) Act, 1967 and while raising fund or funding a terrorist act is punishable under Section 17 of the UA (P) Act, the funding to a terrorist outfit is made punishable under Chapter (VI) of the UA (P) Act.