BIRBAL GANJHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and the learned Special P.P. of the Investigating Agency (in Short "NIA").

(2.) This appeal, preferred under Section 21 of the National Investigation Agency Act, 2008, is directed against the order dated 20.12.2019, passed by the learned Judicial Commissioner-cumSpecial Judge, N.I.A, Ranchi, (herein after referred to as the 'Designated Court'), in Misc. Cr. Application No.620 of 2019, Special (N.I.A) Case No.03 of 2018, R.C No.06/2018/NIA/DLI, arising out of Tandwa P.S Case No.02 of 2016, rejecting the regular bail application filed by the appellant Birbal Ganjhu, who has been made accused for the offences under Sections 414, 384, 386, 387 r/w Section 120-B of the Indian Penal Code, Sections 25(1-B) (a), 26 & 35 of the Arms Act, Section 17(1)(2) of the Criminal Law Amendment Act, 1908, (hereinafter referred to as the 'CLA Act') and Sections 17, 18 & 20 of the Unlawful Activities (Prevention) Act (hereinafter referred to as "UA(P) Act").

(3.) The case was originally instituted for the offences under Sections 414, 384, 386, 387 & 120-B of the Indian Penal Code, Sections 25 (1-B) (a), 26 & 35 of the Arms Act and Section 17(1)(2) of the CLA Act, on the basis of a secret information received by the Police, regarding realization / extortion of levy by the banned unlawful association / terrorist gang Tritiya Prastuti Committee (for short 'TPC'), in the coal region of Amarpali / Magadh Projects of Central Coalfield Ltd., (in short 'CCL') from the contractors, transporters, D.O. (Delivery Order) holders and coal traders. On such information, the house of one Binod Kumar Ganjhu was raided on 11.01.2016, from where, an amount of Rs.91,75,890/- and two mobile phones were recovered. The appellant Birbal Ganjhu and one Munesh Ganjhu were also found there in suspicious condition, and loaded Mouzer pistol was recovered from the appellant, whereas country made pistol and cartridges were recovered from Munesh Ganjhu. All the three were apprehended by the police, who confessed their proximity with the banned unlawful association / terrorist gang TPC. On the basis of the disclosure of Binod Ganjhu, the house of one Pradeep Ram was raided, from where also, Rs.57,57,710/- and four cell phones were recovered. Accordingly, Tandwa P.S Case No. 02 of 2016 was instituted for the offences under Sections 414, 384, 386, 387 & 120-B of the Indian Penal Code, Sections 25 (1-B) (a), 26 & 35 of the Arms Act and Section 17 (1) (2) of the CLA Act, and investigation was taken up. Subsequently, taking into consideration the gravity of the offence, the Central Government, by order dated 13.02,2018, directed the N.I.A. to take over the investigation of the case, and Sections 16, 17, 20 & 23 of the UA(P) Act were also added.