ORDER :

Ramesh Sinha, J.

1. Heard Mr. Ranbir Singh Marhas, learned counsel for the appellant and Mr. H.S. Ahluwalia, Deputy Advocate General appearing for the State.

2. Appellant has preferred this appeal under Section 21(1) of the National Investigation Agency Act, 2008 against the 5-8-2021 passed by the learned Special Court (NIA Act), Distt. Kanker whereby charges have been framed against the appellant praying that he be discharged from offence under Section 10(a), 13, 17, 38(1)(a)(2), 40 read with Section 22(a), 22(c) of the Unlawful Activities (Prevention) Act, 1967 and Section 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Surkasha Adhiniyam and Section 120B, 201, 149, 34 of the Indian Pena Code in relation to FIR No. 09/2020 registered at PS Siksod, Distt. Uttar Bastar, Kanker

3. Case of the prosecution is that on 24-03-2020, a secret information was received by the respondent authority that a vehicle bearing registration No. CG 07AH 6555 which was being driven by Tapas Kumar Palit, transported the alleged shoes, cloths of uniform, and others articles which relates to naxlites activities. In the vehicle, 95 pairs of shoes, cloths of uniform, 2 bundles of electric wires each of 100 meters, 2 sets of walki-talki alongwith charger, LED lens and other articles were found from possession of Tapas Kumar Palit and accordingly same were seized from him. The alleged articles were to be supplied by Tapas Kumar Palit to the Naxalites in order to support their illegal and disruptive activities. During the course of investigation, the said accused person was arrested and his statement was recorded. During the course of investigation, the statements of eye witnesses of the incident were also recorded. It is alleged that the eye witness has clearly named the present appellant as being part of the group who involved in supplying the aforesaid articles to nexalites and he was providing funds as well to the naxalites. The present appellant was subsequently arrested by the police on 13-05-2020. After completing the investigation, the charge-sheet was filed on 08-09-2020 before the NIA Court for offence punishable U/s 10, 13, 17, 22A, 22C, 38(1) (2) & 40 of the Unlawful Activities (Prevention) Act 1967 and Section 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Section 120-B, 201, 148, 149, of I.P.C. After appreciating the evidence available in the charge-sheet, the learned Special Judge (NIA Act), Uttar Bastar Kanker framed the charges against the present appellant U/s 10(a), 13, 17, 22A, 22C, 38(1)(2) & 40 of the Unlawful Activities (Prevention) Act, 1967 and Section 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam and Section 120-B, 201, 148, 149 of the I.P.C.

4. Learned counsel for the appellant submits that there is no prima facie case and incriminating evidence against the appellant to implicate him in this case. It is further submitted that learned Special Judge had failed to consider the record of the case and documents submitted therewith, since neither there exists the facts nor ingredients of the offences for presumption of the Court that there is ground to proceed against the appellant and for framing of charge. Learned counsel for the appellant further submits that the satisfaction of the court in relation to the existence of constituents of an offence and the facts leading to that offence is a sine qua non for exercise of such jurisdiction under Section 228 of Cr.P.C. It is also submitted that Respondent and Public Prosecutor had failed to adduce evidence against the appellant in relation to Section Section 13, Section 17, Section 38, Section 40 of Unlawful Activities (Prevention) Act, 1967 and Section 8(2)(3)(5) of Chhattisgarh Vishesh Jan Surkasha Adhiniyam so as to substantiate that the appellant is and continues to be a member of banned association, takes part in meetings of such association; and contributes to, or receives or solicits any contribution for the purpose of, such association; and