2023 (4) TMI 1320

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....GAVAI, J. 1. The Criminal Appeal Nos.415-417 of 2019 and Criminal Appeal Nos.418 of 2019 challenge the judgments and orders dated 8th May 2018 and 3rd September 2018 respectively, passed by the learned Division Bench of the Gauhati High Court, vide which the bail granted to the appellants herein came to be cancelled. 2. The appellants, in Criminal Appeal Nos.415-417 of 2019, came to be arrested on 13th October 2017, whereas the appellant, in Criminal Appeal Nos.418 of 2019, came to be arrested on 25th March 2018. 3. The appellants in Criminal Appeal Nos.415-417 of 2019 and Criminal Appeal Nos.418 of 2019, moved the learned Special Court, National Investigating Agency, Nagaland, Deemapur (hereinafter referred to as 'the NIA'), for g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to the "said Act"). He further submitted that even though the appellants were arrested and subsequently released, their services are not suspended and they are still continuing in their respective jobs. 8. Smt. V. Mohana submits that the learned Division Bench of the High Court has rightly reversed the orders of grant of bail. She submits that the appellants themselves have admitted that they have paid the money to the organization. She further submits that, from the documents which were submitted with the supplementary charge-sheet, it is clear that the receipts are signed in the hand writings of the appellants. She, therefore, submits that there is a prim....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....IA is recorded as "Thereafter the IA. PP NIA submitted that this document as a piece of evidence which would prove that the respondent/accused was regularly extorting money for NSCN(K) from Govt. officers and other individuals" this is explicitly clear that the present accused are victims of the extortionists, such as Victo Swu and there is the imperative duty cast upon the court to differentiate between this two individuals - those who commit extortion on their own volition and those who are compelled to pay tax by compulsion, this will serve the ends of justice. The mental exercise which is cast upon the special Judge to examine whether there is a prima facie true case in the instant case thus falls short of the requirement to tie the han....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y information from the accused persons as the NIA have admitted that the accused persons and voluntarily cooperating with the investigation by surrendering all relevant documents which wee needed by the investigation. The accused persons also being Govt. servants and having deep root in the society there is no chance for them to jump bail." 11. A perusal of the aforesaid would clearly reveal that even, according to the prosecution case, accused Nos.1 to 3, who were office bearers of the organization were regularly extorting money from various government servants and other individuals. The learned Special Judge has rightly observed that the Court has to differentiate between those who commit extortion on their own volition and those who a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r believing that the accusation against the accused is prima facie true. It will be worthwhile to note that this Court, in the case of Zahoor Ahmad Shah Watali (supra), has distinguished the words 'not guilty' as used in TADA, MCOCA and NDPS Act as against the words 'prima facie' in the present Act. The Court has held that a degree of satisfaction required in a case of 'not guilty' is much stronger than the satisfaction required in a case where the words used are 'prima facie.' 14. The additional requirement, as provided under subsection (5) of Section 43D of the said Act is twin. The first one being that the public prosecutor has to be given an opportunity of being heard. The second one, that the Court is of the opinion that there are r....