SENJAM NONGDRENKTOMBE SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been filed by the petitioner-accused (hereafter referred to as the accused) for grant of bail to him in case F.I.R. No. 173 of 2003 dated 21.10.2003 under Sections 171, 419, 420, 468, 471, Indian Penal Code, Section 25 of Arms Act and Section 6(d) of the Official Secrets Act, 1923, registered at Police Station West, Shimla.

(2.) In brief accusations against the accused, position as Captain and sometimes as Major,s indulging in suspicious activities and arms and ammunitions could be found in his house on search, a police party went to the residential premises of the accused who introduced himself as Major Senjam Nongdrem Khomba Singh of Rastriya Rifles. He was called upon to produce his Identity Card which he produced but it was in the name of Senjam Basil Singh INT CD, Major - Duty Officer and the Identity Card was signed by S.B. Singh, Director Officer. The accused further informed that he was an Intelligence Officer. Suspecting the identity of the accused, the police called the Military Intelligence Officer to the spot, who after making necessary inquires stated that the accused was not an Army Officer. Search of the residential house of the accused was then carried out and two identity cards in different names, 91 files containing different papers,Inherent downloaded topics, regarding most wanted persons, CBI, LTTE, RAW, Osama Bin Laden, A-Qualda, Lashker-e-Toiba, Hijbul Mujkahadin, most wanted criminals, Military Intelligence, etc., and a suite-case containing cartridges, compass, bank passbooks, etc., stamps, stamp pads, army uniform with bags, books on Arms and A-1 Quida, CDs and Floppies, 2876 blank identity Cards, field information papers of ISI, R.R., CIA etc., intelligence messages, papers regarding China Intelligence, Indian intelligence, US Arms pending transfer papers and many other incriminating papers and material were recovered and as a consequence the aforesaid F.I.R. came to be registered against the accused. During investigation it has been found that the accused joined United Nations Liberation Fronts and has contacts with such organisation since December, 2001. Thereafter he eloped with a girl Meena and came to Shimla alongwith a sum of Rs.4.00 lacs, Army uniform etc. and bought a flat in Chakkar and started living there as Major. It was also found that the accused had earlier been arrested twice, once in case under Sections 121/121-A, I.P.C., Section 13 UA(P) Act, and 6(1-A) IWT Act and another under Sections 10/13 UA(P) and 6(1-A) IWT Act, 1933. Incriminating articles and like wireless set, vehicles including toy pistols were also recovered from him. He jumped bail in both the aforesaid cases and because of the fear of UNLF came to Shimla by impersonating as a Army Officer. It was further found that he had been frequently visiting ARTRAC and has been an active member of UNLF and himself established an Organisation under the name and style of United Service and Trustees League in Manipur and collected huge amount to the tune of Rs. 45.00 lacs from the members. The case is stated to be under investigation and the accused is presently in judicial custody. The present application has been moved mainly on the ground that the concerned police had failed to submit a charge-sheet against the accused within the period prescribed under Section 167 of the Code, therefore, the accused is entitled to be released on bail.

(3.) I had heard the learned, Counsel for the accused and the learned Deputy Advocate General for the State at length and have also gone through the relevant records.