JAI KISHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Kamal Agarwal, learned Senior Advocate assisted by Mr. Devojit Goswami, learned counsel for the appellant. Also heard Mr. J. A. Hassan, learned Senior Public Prosecutor for the respondent National Investigating Agency (NIA).

(2.) The appellant, namely, Sri Jai Kishan Sharma, was apprehended by the Special Operation Team, Dimapur on 20.08.2019 in connection with East Dimapur Police Station Case No. 0204/2019, corresponding to G.R. No. 638/2019 along with three other accused persons under Sections 384/34 IPC read with Section 7 of the NSR Act. The Court of learned Chief Judicial Magistrate, Dimapur, Nagaland by order dated 22.08.2019, remanded the four accused persons, including the present appellant to judicial custody for a period of 15 days w.e.f. 22.08.2019 to 06.09.2019 in said G.R. No. 638/2019 .

(3.) The Deputy Superintendent of Police, NIA on 22.08.2019, filed an application before the learned CJM, Dimapur, Nagaland in its Case No. RC-03/2019/NIA/GUW registered under Sections 302/307/34 of IPC read with Section 25 (IB)(a)/27 of the Arms Act , read with Sections 10/13 of the Unlawful Assembly (Prevention), Act arising out of Khonsa Police Station (Arunachal Pradesh) Case No. 28/2019 seeking arrest of said accused Jai Kishan Sharma and also prayed for five days transit remand of the said accused so as to produce him before the concerned Special NIA Court at Yupia, Arunachal Pradesh for the interest and purpose of necessary investigation of aforesaid NIA case. It is to be noted herein that said NIA case relates to ambush on Sh. Tirong Abo, MLA of Arunachal Pradesh and others.