Criminal Appeal No. 2307 of 2009. Case: Rangku Dutta @ Ranjan Kumar Dutta Vs State of Assam. Supreme Court (India)
| Case Number | Criminal Appeal No. 2307 of 2009 |
| Counsel | For Appellant: M/s. Map and Co. and For Respondent: M/s. Corporate Law Group |
| Judges | Asok Kumar Ganguly and Deepak Verma, JJ. |
| Issue | Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3, 3(2)(1), 4, 5, 19, 20A, 20A(1), 20(A)(2); Railways Act, 1890 - Section 77; Bombay Rent Act, 1947 - Section 15; Succession Act, 1925 - Section 213; Prevention of Corruption Act, 1947 - Section 5A; Stamp Act, 1899 - Section 7; Companies Act, 1956 - Section 108; Prevention of... |
| Citation | AIR 2011 SC 2321, 2011 (2) Crimes 295 (SC), 2011 (3) GLT (SC) 12, JT 2011 (6) SC 126, 2011 (6) SCALE 362, 2011 (6) SCC 358, 2011 (4) UJ 2191 (SC), 2011 CriLJ 3113 |
| Judgement Date | May 20, 2011 |
| Court | Supreme Court (India) |
Judgment:
Asok Kumar Ganguly, J.
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Heard learned Counsel for the parties.
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This is a statutory appeal under Section 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "the said Act") impugning an order dated 10.9.2009 passed by the Designated Court TADA. The learned Counsel appearing for the sole Appellant has impugned the judgment of the designated court (TADA) on various grounds but at the time of arguments, he made emphasis on a particular ground, namely, that in the instant case, the FIR has been recorded in clear violation of the provisions contained under Section 20(A)(1) of the said Act, as a result whereof, the entire proceeding subsequent thereto has been vitiated and this has also vitiated the judgment and order of the designated court.
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The material facts of the facts are these.
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That FIR was lodged on 6.11.1993 by one Ajit Kumar Sarma, Office-in-Charge of Bihpuria Police Station against several persons including the Appellant. Of the four accused persons, no charges were framed against Moni Pathak. In so far as Bhaben Gogoi @ Bikram was concerned, he was acquitted by the designated court and Indreswar Hazarika @ Babul Handique died during the pendency of the proceedings before the designated court. Only Rangku Dutta @ Ranjan Kumar Dutta was convicted and is the Appellant before us.
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The FIR which has been lodged on 6.11.1993 runs as follows:
I beg to report that on 5.11.93 at 2150 hrs. while SI AQM Zahingir I/C Dholpur O.P. along with the PSO Hav. Loknath Konwar and other police personnel were informed law and order duty in connection with Debraj Theatre show at Dhalpur circle in open place by the side of Hill, some ULFA extremist fired at SI AQM Zahingir and PSO Hav. Loknath under simultaneously from a close range behind them and as a result both of them succumbed to injuries.
Earlier of this incident on 5.10.93 an encounter took place between the ULFA with Dhalpur O.P. Place and under the leadership of SI AQM Zahangir I/C Dhalpur O.P. where Lakhimpur Dist. ULFA commander Jogen Gogoi killed and since them the banned ULFA activists associates of Jogen Gogoi were planning with criminals conspiracy to liquidate SI AQM Zahingir.
On 5.11.93 evening the said ULFA activists with the help of Sri ranku Dutta got identified SI AQM Zahingir and then ULFA extremist namely (1) Sri Indreswar Hazarika @ Babul Handique (2) Sri Nobel Gogoi @ Bikram under the leadership of Sri Moni Pathak @ Debo Pathak taking advantage of darkness attacks simultaneously with fire arms and killed SI AQM Zahingir and PSO Hav. Loknath Knowar.
So I request to register a case under Section 120(B)/302 IPC R/W 3/4/5 TADA(P) Act, 1987 against the (illegible) ULFA activist and four others associates, I have already taken up the investigation of the case.
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On the basis of the FIR, a case being Bihpuria Police Station Case No. 497 of 1993, was initiated under Section 120B/302 IPC read with Section 3 /4 and 5 TADA (P) Act and the designated court vide order dated 31st October, 2002 framed charges against the Appellant, inter alia, under Section 120(B)/302 of the Indian Penal Code and Section 3(2)(1) of the said Act. Thereafter, the designated court by impugned judgment dated 10th September, 2009 passed in TADA Sessions Case No. 116 of 2000 found the Appellant guilty of offences punishable under Section 120B/302 IPC read with Section 3(2)(1) of the said Act and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default further imprisonment for two months.
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CRA Nos. 431 and 469 of 2011. Case: Kangujam Ravi Kumar Singh Vs Union of India. High Court of Calcutta (India)
...Nishita Mhatre, J ... 1. Appeal No. CRA 431 of 2011 has been preferred by ... operating in Manipur, was wanted in criminal cases. He was to pass through Siliguri along with ... the NIA Act affecting the security of the State. Therefore, in exercise of the powers conferred ... He has relied on the judgments of the Supreme Court in the case of State of Uttaranchal & Anr ... Development Authority & others, reported in (2009) 1 SCC 180: (AIR 2009 SC 904), Shanti Sports Club ... He has also relied on the judgment of Rangku Dutta alias Ranjan Kumar Dutta v. State of Assam, ... ...
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CRA Nos. 431 and 469 of 2011. Case: Kangujam Ravi Kumar Singh Vs Union of India. High Court of Calcutta (India)
...Nishita Mhatre, J ... 1. Appeal No. CRA 431 of 2011 has been preferred by ... operating in Manipur, was wanted in criminal cases. He was to pass through Siliguri along with ... the NIA Act affecting the security of the State. Therefore, in exercise of the powers conferred ... He has relied on the judgments of the Supreme Court in the case of State of Uttaranchal & Anr ... Development Authority & others, reported in (2009) 1 SCC 180: (AIR 2009 SC 904), Shanti Sports Club ... He has also relied on the judgment of Rangku Dutta alias Ranjan Kumar Dutta v. State of Assam, ... ...