JUDGMENT :

SUMAN SHYAM, J.

1. This appeal, preferred by the National Investigation Agency (NIA), is directed against the judgment and order dated 01.07.2021 passed by the learned Special Judge, NIA, Assam, Guwahati, in Special (NIA) Case No. 02/2020 arising out of RC-13/2019/NIA/GUW whereby, all the four respondents/accused persons were discharged by holding that there was no material available on record so as to frame charge against them.

2. The basic allegations brought against the accused persons are to the effect that the accused/respondent No. 1 Sri Akhil Gogoi, (A-1), who is the leader of an organization called Krishak Mukti Sangram Samiti (KMSS), had conspired with the other three accused persons impleaded as respondent Nos. 2,3 and 4 i.e. A-2, A-3 and A-4, so as to commit terrorist acts in association with the banned terrorist organization CPI (Maoist) and thereby indulged in mass mobilization of public so as to cause economic blockade and paralyse the Government machinery. In the process, they have disrupted essential services and disturbed the harmony between the various communities. On 13.12.2019 the Sub-Inspector of Police, Chandmari Police Station had lodged a complaint alleging merger of KMSS with the banned organization CPI (Maoist) alleging that the respondents have abated, conspired, advocated and incited acts preparatory to commission of terrorist acts. It appears that the complaint dated 13.12.2019 was primarily triggered by the State wide protests and agitations launched by various organizations including the KMSS protesting against the CAB/CAA which had ultimately led to sporadic incidents of violence in different parts of the State.

3. Initially, a police case being Chandmari P.S. Case No. 1688/2019 was registered on the basis of the complaint dated 13.12.2019 treating the same as an F.I.R. and the matter was taken up for investigation by the Assam Police. However, the investigation in the aforesaid case was subsequently handed over to the National Investigation Agency (for short ‘NIA’). Consequently, RC-13/2019/NIA/GUW came to be registered whereafter, NIA had carried out the investigation in connection with the aforesaid case. During the course of investigation, NIA had collected oral, documentary as well as technical evidence. On completion of investigation, NIA had submitted charge-sheet against all the four accused persons on 29.05.2020. The charges brought against the four accused persons were under Section 18 read with Section 39 of the Unlawful Activities (Prevention) Act, 1967 read with Sections 120 (B)/124-A/153A/153B of the Indian Penal Code (IPC).

4. The gist of the charges brought against the accused persons, as appearing from the charge-sheet submitted on 29.05.2020 is reproduced herein-below for ready reference:

“16.17

After going through the oral, documentary and technical evidences brought on record during the course of investigation, it is established that accused A-1 had several secret meetings with members of CPI (Maoist) and had sent around 15 cadres/members of KMSS in batches of 05 each to train in camps of CPI (Maoist). They were imparted with training in their ideology, handling of arms & explosives, tactics of mass mobilization to carry seditious activities in garb of opposing lawfully established Government. A-1 along with his associates for a long period has been organizing seditious activities disrupting Government works in the state of Assam, in the name of dissent activities in democracy, which have a tactical resemblance with the modus operandi of the CPI (Maoist), a proscribed organization.

Further, accused A-1, A-2, A-3 and A-4, along with others had organized various meetings in the month of November, December 2019, and conspired to commit terrorist act, by using inflammable substances, to strike terror in section of people, by causing widespread blockade in the State of Assam, thereby paralyzing the Government machinery, causing economic blockade and disruption of services ess