BINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. K. Kashyap, learned senior counsel appearing for the appellant nos. 1, 2 and 3, Mr. Sanjeev Kumar, learned senior counsel for the respondent no. 4 and Mr. A. K. Das, learned Special P.P. appearing for the respondent - NIA.

(2.) This appeal is directed against the order dtd. 29/1/2020 passed by the learned Judicial Commissioner cum Special Judge, N.I.A. at Ranchi in connection with Special (N.I.A.) Case No. 2 of 2018 Vide RC-02/2018/NIA/DLI arising out of Bero P. S. Case No. 67 of 2016 registered for the offences punishable under Sec. 212, 213, 414, 34 of the Indian Penal Code, Ss. 13, 17 and 40 of the Unlawful Activities (Prevention) Act, 1967 and Sec. 17 of the Criminal Law Amendment Act whereby and whereunder the prayer for bail of the appellant has been rejected .

(3.) The prosecution case arises out of a written report of Bindeshwari Das, Officer-in-Charge of Bero P.S. to the effect that a secret information was received on 10/11/2016 that the supremo of PLFI for the purpose of depositing his ill-gotten money of proceeds of crime realized as extortion had sent it through his associates for depositing in the Bank account for converting into white through a Safari vehicle bearing registration no. JH01Y-2898 to SBI, Bero Branch. After making a station diary entry and on the basis of the directives of the superior authorities the informant along with other Police personnel went to SBI, Bero Branch for verification of the said information. It is alleged that at about 3:15P.M. the informant and his associates waited in ambush and in the meantime having seen the Police party 3-4 persons attempted to flee away and while one of the persons was apprehended from the campus of the Bank three other persons were apprehended while boarding on the Safari vehicle bearing registration no. JH01Y2898. On query the apprehended accused persons disclosed their name as Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar. A search was conducted in presence of independent witnesses and one bag having 16 bundles of currency note of Rs.1,000.00 total amounting to Rs.16,00,000.00was recovered from the possession of Binod Kumar and a mobile phone was also recovered from him. It has been alleged that an amount of Rs.38,000.00 was recovered from the possession of co-accused Chandra Shekhar Kumar along with deposit slips of various dates and one deposit slip of Rs.16,00,000.00 along with two mobile phones. It has also been alleged that total currency of Rs.9,00,000.00 was recovered from the possession of co-accused Nand Kishore Mahto and two mobile phones were recovered from Mohan Kumar @ Rajesh Kumar. None of the apprehended accused persons could show any documents with respect to the recovered currency notes and co-accused Binod Kumar had confessed that PLFI Supremo Dinesh Gope had instructed him over mobile to deposit the extorted amount of Rs.25,38,000.00 in the name of the Petrol Pump of co-accused Chandra Shekhar Kumar. All the articles were seized in presence of independent witnesses and a seizure list was also prepared. Based on the aforesaid allegations Bero P.S. Case No. 67/2016 was instituted for the offences punishable u/s 212, 213, 414, 34 of the I.P.C., Sec. 13, 17, 40 of the UA(P) Act, 1967 and Sec. 17(ii) of the CLA Act. On completion of investigation charge-sheet was submitted against Vinod Kumar @ Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar @ Rajesh Kumar for the offences punishable u/s 212, 213, 414and 34 of the I.P.C., Sec. 13, 17 and 40 of the UA(P) Act, 1967 and Sec. 17(ii) of the CLA Act. Consequent to the order of the Government of India, Ministry of Home Affairs vide Order No. 11011/51/2017-IS, IV dtd. 16/1/2018, the National Investigation Agency had taken over the investigation of the case and consequently the First Information Report was re-registered as RC-02/2018/NIA/DLI. In course of investigation a supplementary charge-sheet was submitted by the NIA against several accused persons including the appellants.