CRA Nos. 431 and 469 of 2011. Case: Kangujam Ravi Kumar Singh Vs Union of India. High Court of Calcutta (India)
| Case Number | CRA Nos. 431 and 469 of 2011 |
| Counsel | For Appellant: Sekhar Basu, Souvik Mitter and Biswajit Manna, Advs. and For Respondents: B.R. Ghosal, Sanjay Bardhan and Himangshu Ghosh, Advs. |
| Judges | Nishita Mhatre and Indrajit Chatterjee, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 439; Constitution of India - Articles 226, 53(1), 77(2); General Clauses Act 1897 - Section 3(8); Indian Evidence Act, 1872 - Section 114(e); Indian Penal Code 1860, (IPC) - Sections 121, 121A, 122, 124A; National Investigation Agency Act 2008 - Sections 6(5), 8; Unlawful Activities Prevention ... |
| Citation | 2014 CriLJ 3103 |
| Judgement Date | December 24, 2013 |
| Court | High Court of Calcutta (India) |
Judgment:
Nishita Mhatre, J.
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Appeal No. CRA 431 of 2011 has been preferred by Kangujam Ravi Kumar and is directed against the judgment and order dated 6th July, 2011 passed by the Sessions Judge, Darjeeling in NIA case No. 6 of 2010. CRA No. 469 of 2011 has been preferred by Neera Tamang and Menjor Singh alias Sorokhybam Menjor Singh and is directed against the judgment and order dated 20th July, 2011 passed by the Sessions Judge, Darjeeling in the same NIA case. The appellants' prayer for bail has been rejected. Both these appeals are being decided together as they arise out of the same Matigara Police Station case No. 51 of 2010 dated 15th March, 2010 which has been converted to NIA case No. 6 of 2010. It is the prosecution's case that on 14th March, 2010, the Deputy Superintendent of Police, Siliguri received a written requisition from the Officer-in-Charge of Commando Imphal, East Manipur Police that one Ningthoujam Tomba alias Koireng alias Rajen, (hereinafter referred to as Tomba) a prominent leader of an extremist group operating in Manipur, was wanted in criminal cases. He was to pass through Siliguri along with his associates and that he was moving in the vicinity of the Matigara Police Station area. A vehicle was intercepted after obtaining prior information. The two persons in the vehicle, Tomba and Saraswati Rai were taken into custody. Several articles were seized from their possession including two mobile phones and some currency. On the basis of the statement of Tomba some other persons, namely, Sorokhaibam Memcha Devi and N. Rama Chanu were arrested. All the persons were identified by the Officer-in-Charge, Commando Imphal, East Manipur, as the members of the extremist group Kanglei Yaol Kunba Lup (hereinafter referred to as 'KYKL'). The FIR was registered for investigation being No. 51/2020 dated 14.3.2010 at Matigara Police Station under Sections 121/121A/122/124A of the Indian Penal Code.
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An order was issued by the Government of India, Ministry of Home Affairs (Internal Security-I Division) dated 8th April, 2010 signed by the Joint Secretary to the Government of India indicating that the Central Government, having regard to the gravity of the offences and other material in its possession, was of the opinion that the offences were scheduled offences under the National Investigation Agency Act, 2008 (hereinafter referred to as 'NIA Act') and offences connected to the scheduled offences under Section 8 of the NIA Act affecting the security of the State. Therefore, in exercise of the powers conferred under Section 6(5) read with Section 8 of the NIA Act, the Central Government suo motu directed the NIA to take up the investigation of the aforesaid case and such other offences which may be revealed during the investigation. The FIR was re-registered as NIA/New Delhi Crime No. 6/2010 dated 24.4.2010 against four named accused persons and other unknown persons.
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During the course of investigation by the NIA, it was revealed that other offences had been committed by the accused under sections 17, 18(B), 19, 20, 21, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter called 'UAP Act') and therefore these sections were invoked.
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According to the prosecution the involvement of the appellants came to light and they were also arraigned. The prosecution claims that all of them were arrested. However according to the appellant in C.R.A. 431 of 2011, Kangujam Ravi Kumar Singh, (hereinafter referred to as Ravi Kumar) he complied with the directions of the NIA team and met them on several occasions after which he surrendered before the court and was not required to be arrested.
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An application for bail was preferred by the Ravi Kumar on 16th November, 2010 before the Sessions Judge, Darjeeling. However, that application was rejected as the case records had been transmitted to the High Court. He renewed his prayer for bail in terms of Section 439 of the Code of Criminal Procedure...
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