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2012 Supreme(Gau) 1059

I.A.ANSARI, A.C.UPADHYAY
Ashringdaw Warisa @ Partha Warisa – Appellant
Versus
National Investigation Agency – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. D.K. Mishra, Sr. Counsel, Mr. B. Saha and Ms. S. Jahan
For Respondents/Defendant: Mr. D.K. Das, SC, NIA

JUDGMENT

Iqbal Ahmed Ansari, J.

1. This is an appeal, under Section 21(4) of the National Investigation Agency Act, 2008, (in short, 'the NIA Act'), directed against the order, dated 16.09.2011, passed, in Misc. Case No. (NIA) 32/2011 (arising out of NIA Case No. 01/2009 under Sections 120B / 121 / 121A read with Sections 16, 17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967) by the Special Court, Guwahati, constituted under the NIA Act, whereby the prayer of the accused-appellant, Ashringdaw Warisa, to allow him to go on bail stands rejected. We have heard Mr. D. K. Mishra, learned Senior counsel, assisted by Ms. S. Jahan, learned counsel, appearing for the appellant. We have also heard Mr. Mr. D. K. Das, learned Standing counsel, National Investigation Agency, appearing for the respondents.

BACKGROUND FACTS

2. The material facts, giving rise to this appeal, may, in brief, be set out as under:

(i) Some significant amendments have been made in the Unlawful Activities (Prevention) Act, 1967, by the Unlawful Activities (Prevention) Amendment Act, 2008, the amendment having come into force on 31.12.2008. The amendments, amongst others, introduced certain conditions, where




















































































































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