NATIONAL INVESTIGATION AGENCY Vs. FEROZ AHMED LONE

JUDGEMENT

(1.) Both the appeals trace their genesis to the same FIR, thus being disposed of by way of this common judgment.

(2.) In Crl A(D) No. 35/2019 filed under Sec. 21 of the National Investigation Agency Act, 2008 (NIA Act, for short), challenge has been thrown to order dtd. 15/12/2018 propounded by learned Special Judge, NIA J&K (3rd Additional Sessions Judge), Jammu (trial Court, for short), vide which, interim bail has been granted in favour of respondent on the ground that there is prima facie no sufficient material against him for the commission of offences under Sec. 120-B RPC and 13, 18 and 18-B of Unlawful Activities (Prevention) Act, 1967 [UA(P) Act, for short]. The interim bail granted in favour of respondent was made absolute by the trial court vide order 11/11/2019 against which appellant has filed Crl A(D) No. 5/2020 before this Court.

(3.) Brief facts of the case are that on information that some terrorists have taken shelter and hidden themselves, SI-Harwinder Singh No. 09274/ARP along with other police staff was deputed to cordon and search duty in Manigha area District Kupwara on 30/10/2017 and two persons namely Danish Ghulam Lone and Sohail Ahmed Bhat were apprehended. During preliminary investigation, it revealed that with the connivance of other accused persons, namely, Daulat Ali Mugal, Ishaq Palla, Liyakat Ali Khan etc., they were trying to cross the Line of Control (LOC) to enter Pakistan Occupied Kashmir (POK) for arms training with criminal intention to wage war against the State. Accordingly a case bearing FIR No. 279 of 2017 under Ss. 120-B and 13, 18 and 18-B of UA(P) Act was registered by Kupwara Police against aforesaid person and were arrested in the case. The Central Government on receipt of information directed National Investigation Agency (NIA), appellant herein, to take up the investigation and case was re-registered in Police Station NIA New Delhi Vide Case No. RC-07/2018/NIA DLI dtd. 21/2/2018. During investigation, it came to fore that six accused persons, namely, Suhail Ahmed Bhat, Danish Gulam Lone, Liyakat Ali Khan, Daulat Ali Mughal, Ghulam Ali Mughal and Haroon Ahmed Sheikh were arrested by Kupwara Police in connection with aforesaid FIR. The examination of all the accused was conducted in which accused Suhail and Danish revealed that they had met accused Ishaq Palla in Central Jail Srinagar on 25/10/2017 and conspired to cross over the LOC to get the arms training in POK and to join militancy. The said accused also mentioned the name of another inmate Parvez Ahmed Lone (who was lodged in Central Prison, Srinagar) for meeting on the direction of Ishaq Palla through Blackberry Messenger (BBM). Accused Feroz Ahmed Lone, respondent herein, was deputed as Deputy Superintendent in Central Jail Srinagar on 25/10/2017 who was assigned the work to supervise meeting with visitors. It also surfaced that respondent knowingly and wrongfully facilitated Suhail and Danish to meet accused Ishaq Palla in the name of another inmate Parvez Ahmed Lone. Statements of witnesses under Sec. 164-A Cr.P.C. were recorded and accused Suhail and Danish were examined. Respondent came to be arrested on 28/8/2018. He was admitted to interim bail by the trial court on 15/12/2018, which was extended from time to time.