MD. REYAZ MOARIF Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant and Dr. K.N. Singh, learned ASG assisted by Mr. Manoj Kumar Singh, learned counsel for the National Investigation Agency (in short 'NIA').

(2.) This appeal under Sec. 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as the 'Act of 2008') has been preferred for setting aside the order dtd. 23/11/2023 passed by learned Special Judge, NIA, Patna, Bihar in Special Case No. 13 of 2023/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 'UA(P) Act').

(3.) 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 P.M. 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.