Point of Law: UA(P) Act - Grant or release on bail to an accused person, is enunciated as a non-obstante clause, which clearly and unequivocally postulates that, if the Court is of the opinion that, there are reasonable grounds for believing that the accusations against such person are prima facie true, he shall not to be released on bail.

JUDGMENT :

C.Praveen Kumar, J.

1. The Appellant herein, who is Accused No. 16, filed the present application under Section 21(4) of National Investigation Agency Act, 2008, [‘NIA Act’], assailing the Common Order, dated 25.08.2021, passed in Crl. M.P. No. 315 of 2021, wherein, the application filed by the Appellant seeking bail was dismissed.

2. The facts, which lead to filing of the present application, are as under:

i. On 15.11.2019, the Counter Intelligence Cell, Andhra Pradesh, received information that during the yeard 2011 to 2019 some unidentified foreign nationals entered into conspiracy with some persons in places like Visakhapatnam, Mumbai etc., to carry out anti-national activities in India. Money was transferred through various legal/illegal channels into bank accounts of certain unknown persons at Visakhapatnam and other places for recruiting agents to collect and transmit sensitive and classified information pertaining to vital defense installations in the country. In respect of the above, a case in Crime No. 1 of 2019 came to be registered on 16.11.2019 for the offences punishable under Sections 120B and 121A of Indian Penal Code [‘I.P.C.’], Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967, [‘UA(P) Act’], and Section 3 of the Official Secrets Act, 1923.

ii. During the course of investigation, the Counter Intelligence Cell, Vijayawada, conducted raids at the residential premises of A2 to A5 and A15 and also at the work places of A6 to A13 and A16 to A18 [Navy persons] under Section 165 Cr.P.C. During the course of the said search, incriminating material came to be seized in the form of electronic gadgets i.e., mobile phones, memory cards, SIM cards, pen-drives, bank documents and identity documents etc., from the possession of A2 to A13 and A15 to A18. Consequent to the material seized, A6 to A13, A15 to A18 were arrested.

iii. Considering the gravity of the offence and its ramifications across the Country, Government of India, in exercise of the power conferred under Section 6(4) read with Section 8 of NIA Act, directed the National Investigation Agency to take up investigation, and, accordingly, the case was transferred and re-registered as RC-05/2019/NIA/HYD, dated 29.12.2019, for the very same offences.

iv. The averments in the charge-sheet further disclose that, during the course of investigation, thirteen [13] Navy personnel and two [02] civilians were arrested between 19.12.2019 and 29.12.2019 and remanded to police custody for five [05] days from 18.01.2020 to 22.01.2020 by NIA Special Court, Vijayawada. During their interrogation, relevant material showing their involvement in the offence came to light. The investigation also discloses that Navy personnel were found in touch with foreign nationals/spies, through Facebook/WhatsApp. The investigation further disclose that the Appellant herein along with others shared sensitive official secrets with foreign nationals/spies such as, location/movement of Indian Navy Ships/Submarines, training exercises with Foreign countries, Deployment of Indian Navy Ships/Submarines, transfers/posting details of Navy Officials, technologies used by Indian Navy Ships, through WhatsApp and Facebook. It is alleged that money was received from A4 and A15 for sending crucial information.

v. Investigation also discloses that online handlers elicited secret and sensitive information of Navy Establishments from Navy Personnel with different pseudonyms. The money was sent from common Indian agents like Mohd Haroon Lakdawala [A5], Shaista Qaiser [A15] and Abdul Rehman [A4], who used to get Pakistani clothes/garments and other goods from their Pakistan associates by illegal means via Dubai. A5 and A15 were arrested by NIA for their active involvement in the conspiracy and sending money to accused Navy personnel in furtherance of the conspiracy on the instructions of foreign agents. Material seized from A9, A10 and A11 clearly reveals the instructions received for use of mobile