Point of Law: Law is well settled that evidence of an approver should normally not be accepted without independent corroboration.

JUDGMENT :

(Sandeep Mehta, J.)

1. These two appeals under Section 374(2) of the Cr.PC have been preferred by the appellants, namely, Jibangshu Paul and Golon Daulagopu, respectively, for assailing the judgment dated 22.05.2017 and the sentencing order dated 23.05.2017 passed by the learned Special Judge, NIA in Special NIA Case No.2/2009 [National Investigation Agency (NIA) -Vs- Shri Jibangshu Paul & Anr.], whereby the appellants herein have been convicted and sentenced as below:-

2. Brief facts relevant and essential for disposal of the present appeals are noted herein-below:-

On 11.02.2009, one Sub-Inspector of Police Ratneswar Das, PW-16 of Diyangmukh Police Station received a secret information that some persons/workers of N.C. Hills Autonomous Council were going to deliver a huge amount of money to Dima Halam Daogah (Jewel Garlosa) [in short, “DHD(J)”] extremists somewhere in between Haflong and Diyangmukh for the purpose of procuring arms and ammunition and for promoting organizational activities with a view to wage war against the State. Upon receipt of the said information, Sub-Inspector Ratneswar Das, PW-16 under the guidance of the DESP, Head Quarter, Haflong started checking the vehicles moving from Haflong to Diyangmukh and viceversa. At about 3:30 PM, a Scorpio vehicle bearing registration No.AS-08/5133 was checked at Thaijawari, which the accused/appellants herein were occupying and a sum of Rs.32,11,000/-was recovered from the possession of accused Jibangshu Paul. Both the appellants could not give any satisfactory explanation for carrying such a huge sum of money with them. Thus, it was presumed that the amount was being carried so that the same could be handed over to the DHD(J) extremist group and to facilitate it in its activities of waging war against the State. Sub-Inspector Ratneswar Das, PW-16 then seized the amount alongwith a blue and ash colour bag; one Orpat mobile with SIM, one Nokia mobile set with SIM from the accused Jibangshu Paul and the Scorpio vehicle and two Nokia mobile handsets with SIMs from the possession of accused Golon Daulagopu.

3. On the basis of this recovery/seizure, Sub-Inspector Ratneswar Das, PW-16 lodged an ejaharwith the Officer-in-Charge of Diyangmukh Police Station, who registered Diyangmukh Police Station Case No.3/2009, Ext-95 against the two accused/ appellants for the offences punishable under Sections 120B/121/121A of the IPC and started investigation.

4. The Investigating Officer visited the place of occurrence, examined the witnesses, prepared the sketch map of the place of occurrence, arrested the accused and forwarded them to the Court. The recovered Indian currency notes were deposited with the Haflong Treasury, vide Treasury Challan No.20/2. Two more persons, namely, Biraj Chakraborty and Karuna Sakia were also arrested in connection with this case.

5. Vide order dated 01.06.2009, the Government of India, Ministry of Home Affairs handed over investigation of the case to National Investigation Agency (NIA), which registered NIA Case No.2/2009 on the basis thereof. In the intervening period, another FIR of Basistha Police Station being Case No.170/2009 had already been assigned to NIA and had been registered as NIA Case No.1/2009.

6. After investigation, separate charge-sheets were filed in NIA Case No.1/2009 and NIA Ca