IMPORTANT POINTS
(1) Sanctioning Authority is required to apply its mind on the basis of fact gathered in course of investigation by Investigating Agency.
(2) NIA can carry on further investigation and submit a supplementary report.

JUDGMENT

Sujit Narayan Prasad, J.—This writ petition has been filed under Article 226 of the Constitution of India inter-alia for the following reliefs:—

(I) For quashing the sanction vide letter no.06/Avi-01/21/2017-2637 order dated 12.05.2017 (Annexure-5) has been granted by the Principal Secretary, Department of Home, Prisons & Disaster Management, Ranchi to Central Government to accord to Sanction of NIA U/s 45(2) U.A(P) Act with respect of Bero P.S. Case No.67/2016.

(II) For quashing suo-moto letter No.F.No.11011/51/2017/ISIV 16.01.2018 (Annexure-7) issued by under Secretary to the Government of India, Ministry of Home Affairs, Internal Security-I Division, New Delhi to N.I.A. to take over the investigation of Bero P.S. Case No.67/2016 dated 10.11.2016.

(III) For quashing the sanction letter no.11011/51/2017/NIA order dated 22.07.2020 (Annexure-11) issued by the under Secretary to the Government of India, Ministry of Home Affairs, CTCR Division, New Delhi granting sanction to prosecute the Petitioner as Accused No.17 in No.R.C.-02/2018/NIA/DLI.

(IV) For quashing the Cognizance order dated 25.07.2020 U/s 120B of the IPC r/w Section 17, 18, 21 & 22C of U.A(P) Act, 1967, U/s 17 (i) & (ii) of CLA Act 1908 (Annexure-13) and charge has been framed on 16.03.2021 (Annexure-14) offence U/s 120B of the IPC r/w Section 21 & 22C of U.A(P) Act, 1967, U/s 17 of CLA Act 1908 by the Learned Sri A.K. Mishra NO.1, AJC-XVI cum-Spl. Judge NIA, Ranchi to the petitioner in connection with R.C.-02/2018/NIA/DLI pending in the Court of Learned Sri M.K. Verma, Spl. Judge NIA, Ranchi.

2. The brief facts of the case as per the prosecution story is that the petitioner is a poor farmer and works as Munshi for a contractor on daily wage basis. He does not have any criminal antecedents.

The allegations against the petitioner are that he is an associate of P.L.F.I. acquainted with the facts that Dinesh Gope @ Kuldeep Yadav @ Banku (A-6/absconder) is a terrorist and Chief of P.L.F.I. and collects/raises levy through extortion. The petitioner has criminally conspired with the members of P.L.F.I., an unlawful association and terrorist gang proscribed by the State of Jharkhand, namely, Dinesh Gope (A/6), Sumant Kumar @ Pawan Kumar (A/7), Hira Devi @ Anita Devi (A/14).

On direction of Dinesh Gope @ Kuldeep Yadav @ Banku, the petitioner had formed a company namely, M/s Shiv Shakti Samridhi Infra Pvt. Ltd. (A/20) along with the partnership of Hira Devi @ Anita Devi (A/14).

The petitioner criminally conspired to directly or indirectly raise or collect funds, either from legitimate or illegitimate sources or persons knowing fully well that such funds are likely to be used by P.L.F.I., a terrorist gang, for their nefarious/terrorist activities. The petitioner, on the direction of Dinesh Gope collected the amount through extortion and channelized it into the bank account of M/s Shiv Shakti Samridhi Infra Pvt. Ltd.

The petitioner, on the direction of Dinesh Gope and with the association of Sumant Kumar and Hira Devi @ Anita Devi was deeply involved in the larger conspiracy and in the commission of the instant crime and was channelizing the extorted amount as per the plan of P.L.F.I.

On 10.11.2016 at 8:30 p.m., an FIR bearing P.S. Case No.67 of 2016, registered at Bero Jharkhand against Binod Kumar (A-1), Chandra Shekhar Kumar (A-2), Nand Kishore Mahto (A-3) and Mohan Kumar (A-4), Yamuna Prasad (A-5) & A-6 (Dinesh Gope), who is P.L.F.I. Chief u/s 212, 213/34, 414 of the I.P.C. and u/s 13, 17, 40 of U.A.(P) Act, 1967 & u/s 17 of Criminal Law Amendment Act on the allegation that a sum of Rs.25.38 Lakhs (old, demonetized notes/currency) were sought to be deposited in S.B.I. Bero-Branch, Jharkhand by P.L.F.I Chief/Dinesh Gope.

In this F.I.R., the prosecution alleged that information was received that the supremo of P.L.F.I. was trying to get crime proc