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2009 Supreme(SC) 1752

ALTAMAS KABIR, CYRIAC JOSEPH
Redaul Hussain Khan – Appellant
Versus
National Investigation Agency – Respondent


Advocates Appeared:
For the Appellants : Pradip Ghosh, Altaf Ahmed, Sr., Advs., Azim H. Laskar, Sachin Das, Abhijit Sengupta, Rana Mukherjee, Vikash Kar Gupta, Vishal Arun, Advs., with them for the Appellant(s).
For the Respondents:H. P. Rawal, ASG, Chinmoy Pradip Sharma, Mihir Chatterjee, S. N. Terdal, Advs., for the Respondent(s).

ORDER

1. The petitioner herein was arrested on 31st, May, 2009, along with one Mohit Hojai and on the same ,day they were produced before the Chief Judicial Magistrate, Kamrup, at Guwahati. In the forwarding report it was indicated that the ground for arresting the petitioner was that during interrogation of Mohit Hojai, who was the Chief Executive Member of the North Cachar Hills Autonomous Council, had disclosed that he sending an amount of Rs.1 crore to an organization known as DHD’( J), an extremist organization, to enable it to purchase arms and ammunitions. It was indicated that Mohit Hojai had also disclosed that he had collected Rs. 30 lakhs from the petitioner under different schemes.

2. On the prayer made on behalf Chief of the investigating agency, the Judicial Magistrate, Kamrup, sent the petitioner to police custody on 31st May, 2009. After the expiry of the said period of two days, a prayer was made for extension of police custody which was allowed for a further period of two days dated by the learned . Magistrate by his order dated 2nd June, 2009. Further prayer for custodial interrogation was rejected by the Chief Judicial Magistrate, Kamrup, who, however, granted p














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