PRADEEP RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the NIA.

(2.) This appeal, preferred under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 25.11.2019, passed by the learned Judicial Commissioner-cumSpecial Judge (NIA), Ranchi, (herein after referred to as the 'NIA Court'), in Misc. Cr. Application No. 1081 of 2019, in connection with Special (NIA) Case No. 03 of 2018, RC-06/2018/NIA/DLI, arising out of Tandwa P.S. Case No. 2 of 2016, whereby the bail application of this appellant was rejected by the NIA Court.

(3.) The case was originally instituted for the offences under Sections 414, 384, 386, 387 and 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 secret information, received by the police, regarding realization / extortion of levy by the banned terrorist organization Tritya Prastuti Committee (for short 'TPC'), in the coal region of Amrapali / Magadh Project of Central Coalfield Ltd., from the contractors, transporters, D.O. holders and coal traders. On such information, the house of one Binod Kumar Ganjhu was raided on 11.1.2016, from where, an amount of Rs. 91,75,890/- and two mobile phones were recovered. Two other persons, viz., Birbal Ganjhu and Munesh Ganjhu were also found there in suspicious condition, and loaded firearms and cartridges were recovered from them. All the three were apprehended by the police, who confessed their proximity with the banned terrorist organization TPC. On the basis of disclosure made by Binod Kumar Ganjhu, the house of the present appellant Pradeep Ram was raided, from where Rs. 57,57,710/- and four cell phones were recovered. Accordingly, Tandwa P.S. Case No. 2 of 2016 was instituted for the aforesaid offences and investigation was taken up. Subsequently, taking into consideration the gravity of the offence, the Central Government, by order dated 13.2.2018, directed the NIA to take over the investigation of the case, and Sections 16, 17, 20 and 23 of the Unlawful Activities (Prevention) Act were also added.