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2022 Supreme(Gau) 757

ACHINTYA MALLA BUJOR BARUA, MANISH CHOUDHURY, SOUMITRA SAIKIA
National Investigation Agency – Appellant
Versus
Akhil Gogoi, S/o Late Bolu Gogoi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. S.C. KEYAL
For the Respondent: MR Z. KAMAR

JUDGMENT :

A.M.Bujor Barua, J

Heard Mr. D Saikia, learned senior counsel, assisted by Mr. Satyanarayana, learned Public Prosecutor for the appellants National Investigating Agency (for short, the NIA). Also heard Mr. DK Mishra, learned senior counsel assisted by Mr. B Prasad, learned counsel for the respondent Sri Akhil Gogoi (hereinafter referred to as A1) in Crl. Appeal No.121/2020 and Mr. Z Kamar, learned senior counsel for the respondents Dhirjya Konwar @ Dhajya Konwar, Manas Konwar@ Manas Pratim Konwar and Bittu Sonowal @ Bittu Sonowal @ Bitu Sonowal (hereinafter to be referred to as A2, A3 and A4 respectively) in Crl.Appeal No.130/2020.

2. The respondent A1 in Crl.Appeal No.121/2020 was arrested on 13.12.2019 by the investigating authorities in connection with Chandmari Police Station Case corresponding to FIR No.166/2019 registered under Sections 120(B)/124-A/153-A/153-B of the IPC read with Sections 18/39 of the Unlawful Activities (Prevention) Act, 1967(for short, the UAPA-1967). Subsequently, the Central Government as per MHA order No.F.No.11011/62/2019/NIA dated 14.12.2019, in exercise of its power under Section 6(4) of the National Investigation Agency Act, 2008 (for short

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