NATIONAL INVESTIGATION AGENCY Vs. JAFFAR HUSSAIN

JUDGEMENT

(1.) This appeal in terms of Sec. 21 of National Investigation Agency Act 2008 (NIA Act, for short), read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.), read with Article 227 of the Constitution of India, has been directed against order dtd. 3/3/2022, propounded by the Court of learned Special Judge, NIA (3rd Additional Sessions Judge), J&K at Jammu (hereinafter referred to as the trial court), in case RC-08/2019/NIA/JMU dtd. 2/11/2019, vide which, respondent has been discharged for offences under Sec. 120-B read with Sec. 392 of Ranbir Penal Code, 1989 (RPC, for brevity) read with Ss. 18, 39 and 40 of the Unlawful Activities (Prevention) Act, 1987 [UA(P) Act, for short].

(2.) Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an over view of the facts giving rise to the case on hand.

(3.) The case of the appellant/prosecution in the trial court is that on 8/3/2019 at about 2030 hours, Police Station, Kishtwar received a source information that some unknown armed terrorists had barged into the rented room of HC Daleep Singh, who happened to be the Incharge of escort party of Deputy Commissioner, Kishtwar situate at Asrarabad, Kishtwar at 1930 hours and snatched his service weapon i.e. AK-47 rifle along with three magazines and 90 live cartridges at gun point and fled away. According to the investigating agency, the terrorists had committed this act in furtherance of criminal intention to revive militancy and create terror among the people of the area thereby threatening the unity, integrity and sovereignty of India. Accordingly, an FIR No. 31 of 2019 dtd. 8/3/2019 came to be registered by Police Station, Kishtwar for offences under Sec. 392 RPC, 7/25/30 of Arms Act and Ss. 16/18/20/23 of UA(P) Act and investigation came into vogue.