JUDGMENT

Signature Not Verified Digitally Signed CRL.A. 191/2023 & CRL.A. 452/2023 Page 1 of 13 ANISH DAYAL, J.

1. These appeals have been preferred by the appellants herein, being Khoiram Ranjit Singh @ Rocky @ Great Macha @ Poerei Meitei (referred to as “Appellant 1”) and Pukhrihongam Prem Kumar Meiti @ PK @ Ibomcha (referred to as “Appellant 2”), under Section 21 of the National Investigation Agency Act, 2008 (“NIA Act”) seeking reduction of fine and/or reduction of the default sentence imposed on the convicted appellants in NIA case No. RC-05/2017/NIA/DLI (vide order dated 29th April 2022 by the Ld. ASJ, Patiala House Courts, Delhi). The allegations made against the appellants were that they were active cadres of the Kangleipak Communist Party (“KCP”), a banned terrorist organisation, and were allegedly involved in anti-national and terrorist activities in Manipur and other parts of India. In furtherance of a larger conspiracy, it was alleged that they procured arms and ammunition to carry out terrorist activities in other parts of India including Delhi and NCR.

The FIR and the Investigation

2. The proceedings against the appellants have their origin in the First Information Report (“FIR”) bearing No. 02/2017 lodged by the Special Cell, Delhi Police on 12th January, 2017. In compliance with order No. F. No.11011/15/2017-IS.IV, dated 15th March, 2017, issued by the Ministry of Home Affairs, Government of India, the National Investigation Agency (“NIA”) registered the instant case as RC- 05/2017/NIA/DLI on 16th March, 2017. Further investigation revealed that the appellants were over ground workers of the KCP and had committed various crimes in furtherance of their role. Appellant 1 was Signature Not Verified Digitally Signed CRL.A. 191/2023 & CRL.A. 452/2023 Page 2 of 13 involved in raising funds for the activities of the KCP. Two hand grenades were recovered from the abode of Appellant 1 on 17th January, 2017. On 12th January, 2017 disclosure statement of Appellant 2 revealed that on the instructions of Appellant 1, Appellant 2 collected four hand grenades, one 9 mm English pistol, and six 9 mm live cartridges from another co-accused Sanabam Inobi.

The Charges

3. Subsequently, the NIA filed the Final Report/Charge Sheet No. 06/2017 on 10th July, 2017 against three accused persons, including the appellants, inter alia under various provisions of the Indian Penal Code, 1860 (“IPC”), the Unlawful Activities (Prevention) Act, 1967 (“UAPA”), and the Explosive Substances Act, 1908 (“ESA”).

4. On 18th August, 2020, charges against Appellant 1 were framed under Section 120B of IPC, Section 17 of UAPA read with 120B of IPC, Section 18B of UAPA read with 120B of IPC, Section 20 of UAPA read with 120B of IPC, Section 38 of UAPA read with 120B of IPC, Section 40 of UAPA read with 120B of IPC, and under Sections 17, 18, 18B, 20/ 38, 40 and 23 of UAPA and Sections 5 and 6 of ESA. Charges against Appellant 2 were framed under Section 120B of IPC, Section 17 of UAPA read with 120B of IPC, 18B of UAPA read with 120B of IPC, Section 20 of UAPA read with 120B of IPC, Section 38 of UAPA read with 120B of IPC, Section 40 of UAPA read with 120B of IPC, and under Sections 18, 20/38, 23 of UAPA and Sections 5 of ESA, as well as Sections 25 and 7 of the Arms Act, 1959.

Signature Not Verified Digitally Signed CRL.A. 191/2023 & CRL.A. 452/2023 Page 3 of 13

5. The appellants pleaded not guilty to the charges framed against them and claimed trial.

Conviction and Sentencing

6. Thereafter, during trial, by way of separate applications under Section 299 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) on

1st April, 2022, the appellants accepted the charges framed against them and pleaded guilty to the same. The Ld. ASJ noted that the appellants’ voluntary plea of guilt was indicative of remorse, and therefore, was a mitigating factor in their favour.

7. Furthermore, the Ld. ASJ called for the appellants’ socio- economic inquiry report (“SEI Report”). It revealed