BINDESHWAR GANJHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Pankaj Kumar, learned counsel for the appellant and Mr. Amit Kumar Das, learned Special P. P. for the NIA.

(2.) This appeal has been directed against the order dtd. 18/1/2021 passed in Misc. Criminal Application No. 846 of 2020 corresponding to Special (NIA) Case No. 3 of 2018 (R.C.- 06/2018/NIA/DLI) registered under Ss. 414, 384, 386, 387, 120 B of Indian Penal Code, also Sec. 25(1-B)a, 26, 35 of the Arms Act, also Sec. 17 (1)(2) of the Criminal Law (Amendment) Act and Sec. 17, 18, 20 and 21 of U.A.(P) Act arising out of Tandwa P. S. Case No. 2 of 2016 passed by Sri A. K. Mishra No. 1, Additional Judicial Commissioner XVI cum Special Judge, NIA, Ranchi, whereby and whereunder the prayer for bail of the appellant has been rejected.

(3.) A written report was submitted by Ramdhari Singh, Sub Inspector of Police, posted at Simaria P.S. to the effect that on 10/1/2016 a secret information was received by the Superintendent of Police that in Amrapali Magadh Coal area in Tandwa some local people have formed an association which is related to the banned extremist outfit TPC. The members of such association were extracting levy from coal traders and DO holders by creating fear in the name of the extremists of TPC, namely Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Kohram Ji, Akraman Ji @ Ravindra Ganjhu, Anischay Ganjhu, Bhikan Ganjhu, Deepu Singh @ Bhikan and Bindu Ghanju. It was also alleged that if any businessmen hesitates to pay levy, they are threatened by members of such organization and are also subjected to hardships. In order to verify the truthfulness or otherwise of such information a raiding party was constituted on the orders of Superintendent of Police, Chatra. A raid was conducted in the house of the President of the Association - Binod Kumar Ganjhu and from under his bed as well as from an almirah Rs.91,75,890.00 was recovered. No satisfactory explanation could be submitted by Binod Kumar Ganjhu with respect to the recovery of such a huge amount of cash. From the house of Binod Kumar Ganjhu two persons were also apprehended who disclosed their names as Birbal Ganjhu and Munesh Ganjhu and on search of their persons a loaded Mauser pistol was recovered from the possession of Birbal Ganjhu while from the possession of Munesh Ganjhu a country made pistol and two live cartridges were recovered. Both had confessed of being associated with TPC organization. Binod Ganjhu had disclosed that he is the President of "Magadh Sanchalan Samittee" and the levy collected is sent to Gopal Singh Bhogta @ Brijesh Ganjhu and thereafter it is distributed between Mukesh Ganjhu, Kohramji, Akramanji @ Ravindra Ganjhu, Anischyaji, Bhikan Ganjhu and Deepu Singh @ Bhikan. He had further disclosed that Bindu Ganjhu is a member of "Amrapali Sanchalan Samittee" who collects levy on behalf of TPC and since he is at present in Jail the collection of levy is being done by Pradeep Ram. On such information a raid was conducted in the house of Pradeep Ram and from under his bed as well as from an almirah Rs.57,57,710.00 in cash was recovered. No satisfactory explanation could be given by Pradeep Ram with respect to the cash recovered.