JUDGMENT :

Hitesh Kumar Sarma, J.

1. These two appears have been preferred under Section 21 of the National Investigation Agency Act, 2008 against the order, dated 14.11.2019, passed by the learned Special Judge, Yupia in Case No. RC-03/2019/NIA/GUW under Sections 302/307/34 of the IPC read with Sections 25(1b)(a) and 27 of the Arms Act and Sections 10/13/16/17/18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAP Act).

2. The aforesaid Case No. RC-03/2019/NIA/GUW arose out of Khonsa PS Case No. 28/2019 under Sections 302/307/34 of the IPC read with Sections 25(1b)(a) and 27 of the Arms Act and Sections 10/13/16/17/18 and 20 of the UAP Act.

3. The fact leading to the case is that, the informant C.T. Nokliam Tekwa, lodged the FIR before the officer-in-charge, Khonsa Police Station informing inter-alia that while a convoy of Tirong Aboh, M.L.A. was crossing Pansumthong Village area, the convoy was suddenly ambushed and attacked by suspected armed undergrounds. In the said incident Tirong Aboh and 10 others were killed. On the basis of the said FIR, Khonsa Police Station Case No. 28/2019 was registered under Sections 302/307/34 of the IPC read with Section 25(1b)(a) and 27 of the Arms Act and Sections 10 and 13 of the UAP Act. Thereafter, the State Government of Arunachal Pradesh forwarded the matter to the Central Government under the provisions of Section 6(2) of the NIA Act, 2008 and thereafter, the Central Government in its Ministry of Home Affairs, vide its order dated 06.06.2019 directed the NIA to investigate the said case under the provisions of Section 6(3) of the NIA Act and, accordingly, the FIR was re-registered on 10.06.2019 and NIA Case No. RC-03/2019/NIA GUW was registered.

4. The accused-appellants along with two others were arrested in connection with East Police Case No. 204/2019, Nagaland, and were produced before the learned Chief Judicial Magistrate, Dimapur, Nagaland on 22.8.2019 and 21.8.2019 respectively. Thereafter, on 22.8.2019 & 25.8.2019, the National Investigation Agency, Guwahati Branch, made prayers before the learned Chief Judicial Magistrate, Dimapur, Nagaland for production of the accused-appellants before the Special Court, Yupia, Arunachal Pradesh in NIA Case No. RC 09/2019 and also sought for 5 days and 4 days transit remand respectively. The said prayers were allowed with a direction to produce the accused-appellants before the learned Special Judge (NIA), Arunachal Pradesh. Accordingly, the accused-appellants were produced before the learned Special Judge (NIA), WSD, Yupia, Arunachal Pradesh on 24.8.2019 and, on the application of the investigating agency, they were remanded to judicial custody by the learned Special Judge, Yupia, Arunachal Pradesh. In me meantime, the East Police Case No. 204/2019, Nagaland, in which the accused-appellants were initially arrested, was also handed over for investigation to the National Investigation Agency, which re-registered the case as RC-10/2019/NIA-GUW.

5. In the instant case, the prayer for bail of the accused-appellant in Criminal Appeal No. 28(AP)/219 was rejected by the learned Special Judge, Yupia, Arunachal Pradesh on 3.10.2019 although some accused were granted default bail who were arrested prior him. On 08.11.2019, the National Investigation Agency (NIA) made a prayer for extension of custody of the accused persons including the present accused-appellants, who would complete 90 days on 13.11.2019 and 24.11.2019 respectively, to 180 days, stating the grounds there for in the said application as per provisions of Section 43D of the UAP Act. Another application was filed on the same day seeking extension of the judicial custody of the accused persons including the present accused-appellants for a period of 30 days. It is the case of the accused-appellants that he was not given prior notice of the aforesaid two applications seeking extension of custody. However, at the time of moving the said applications, the advoca