IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
State (National Investigation Agency, Ministry Of Home Affairs Government Of India) Represented By The Superintendant Of Police Nia Branch – Appellant
Versus
Kumud Saloi @ Joy @Suresh @Master, S/o - Sh. Jibon Saloi – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. R.K.D. Choudhury, learned DSGI, appearing for the appellant. Also heard Mr. B. Prasad, learned counsel for the respondents.
2. The instant appeal under Section 21(1) of the National Investigation Agency Act, 2008 read with Section 377, Code of Criminal Procedure, 1973 is preferred challenging the Final Order dated 26.07.2023 passed by the learned Special Court, NIA, Assam at Guwahati in Special NIA Case no. 02/2022 on the point of sentence. The two respondents herein were accused persons, who were charge- sheeted in Special NIA Case no. 02/2022. Charges were framed against the two respondents as A-4 and A-5 by the learned Special Court under Section 120B, IPC and Section 38, Unlawful Activities (Prevention) Act, 1967. Before the learned Special Court, both the respondents by filing petitions, pleaded guilty to the charges and the learned Special Court after hearing the parties, has considered it appropriate to convict them and to pass sentences equal to the period of detention they have undergone as UTPs. The respondent no. 1 had spent about one year two months and twenty-four days and the respondent no. 2 had spent about one year three month
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