JUDGMENT

Ajai Lamba, CJ. - We have heard Mr. D. Saikia, learned senior counsel and Mr. S.C. Keyal, learned Standing Counsel, NIA appearing for the appellant. Also heard Mr. Z. Kamar, learned senior counsel assisted by Mr. S. Borthakur, Advocate appearing for the respondent.

The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

This appeal filed at the instance of National Investigation Agency, Ministry of Home Affairs, Government of India, under Section 21(1) of the National Investigation Agency Act, 2008 (for short, the Act of 2008), challenges order dated 16 th March, 2020 passed by the Special Judge, NIA, Assam.

Vide the impugned order, the application (No.492 of 2020 dated 12.3.2020) filed by Special Prosecutor, National Investigation Agency (for short NIA) under Section 43-D (2)(b) of the Unlawful Activities (Prevention) Act, 1967 , (for short, the Act of 1967) has been dismissed.

2. Before we proceed further, we would like to make a reference to the prayer made by the NIA through Special Public Prosecutor in the application dated 12 th March, 2020, which has been dismissed vide the impugned order.

The prayer in verbatim reads as under :

'(a) to extend the period of investigation upto 180 days in terms of section 43D(2)(b) of the UA(P) Act in the interest of investigation of this case at this stage;

(b) to extend the period of Judicial Remand of accused Akhil Gogoi upto 180 days in terms of section 43D(2)(b) of the UA(P) Act in the interest of investigation of this case at this stage.'

3. The skeleton of facts that need to be considered for considering the controversy are that -

(a) Inter alia it is the case of the NIA that initially FIR No.1688/2019 dated 13 th December, 2019 was registered at Chandmari Police Station, District - Kamrup (Metro), Guwahati, Assam. The investigation was conducted in the said Police Station. Subsequently, in compliance of Ministry of Home Affairs, Government of India order dated 14 th December, 2019, the NIA re-registered a case vide the FIR No. RC-13/2019/NIA-GUW dated 14.12.2019 under Sections 120B, 124A, 153A, 153B of IPC and Sections 18 and 39 of the Unlawful Activities (Prevention) Act, 1967.

(b) It is the case of NIA that during course of investigation, it was revealed that the respondent Akhil Gogoi has an association with CPI(Maoist) which stands established from the statement of protected witnesses recorded under Sections 161 and 164 of the Code of Criminal Procedure.

(c) It is further the case of the NIA that the respondent accused and his associates in furtherance of criminal conspiracy to use the passage of Citizenship Amendment Bill in Parliament as an opportunity, with the intention to further the activities and agenda of CPI (Maoist), by arranging meetings secretly, and issuing instructions over phone to the co-accused members, blocked supplies and services which are essential to the life of community in India. With the use of indiscriminate violence in various parts of the State, and further to create disharmony, inciting, abetting hatred and disaffection and enmity between different groups on grounds of religion, race, residence, language and so as to disturb harmony and national integration, endangered security and sovereignty of the State.

(d) It is the case of the NIA that the investigation revealed that the crime is spread over various districts of Assam. Cadres of Krishak Mukti Sangram Samity (KMSS) of which the respondent is the leader on the instructions of respondent-accused carried out several indiscriminate acts of violence in various parts of the State prior to 13 th December, 2019 leading to causing of disruption to the essential supplies.

(e) It is the case of the NIA that in the course of investigation one Samsung Tablet was seized from the respondent accused on 15 th December, 2019. Data from the gadget was extracted by CERTIn a