MD. IRSHAD ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred for setting aside the order dtd. 14/12/2023 passed by learned Special Judge, National Investigating Agency (in short 'NIA'), Patna, Bihar in Special Case No. 7 of 2022/R.C. No. 31 of 2022 arising out of Phulwari Sharif P.S. Case No. 827 of 2022 registered for the offences under Ss. 120, 120(B), 121, 121(A), 153(A), 153(B)/34 of the Indian Penal Code (in short 'IPC') and Sec. 13 of the Unlawful Activities (Prevention) Act, 1967 (in short 'UAPA').

(2.) As per the prosecution story, the informant filed a self-written report on 12/7/2022 at about 22:50 hours alleging therein that on 11/7/2022 at about 07:30 pm on a secret information, when he along with other police personnel conducted raid at the rented house of co-accused Athar Parwez at Ahmad Palace and at Gulistan Mohalla, he recovered flag, handbills, a seven pages booklet/document and a rent agreement paper. Accordingly, a seizure list was prepared and Athar Parwez and Md. Jalaluddin were apprehended.

(3.) Learned counsel for the appellant submits that appellant is not named in the First Information Report (in short 'FIR'), his name has transpired in course of investigation but the materials on the basis of which the appellant has been brought within the purview of investigation and later on charge-sheeted under various Ss. of the IPC and the UAPA would not prima-facie show that a case under the provision of IPC and UAPA is made out. It is his submission that the appellant has been implicated in this case on mere suspicion, he has been apprehended on 18/3/2023 and is in judicial custody continuously thereafter.