2023 Supreme(Online)(Del) 21632
DELHI HIGH COURT
KHOIRAM RANJIT SINGH @ ROCKY @ GREAT MACHA @ POEREI MEITEI – Appellant
Versus
STATE (NIA) – Respondent
CRLA-191_2023
CRL.A. 191/2023 & CRL.A. 452/2023
Page 1 of 13
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Reserved on : 04th September, 2023
Pronounced on: 21st September, 2023
+
CRL.A. 191/2023 & CRL.M.A. 3163/2023.
KHOIRAM RANJIT SINGH @ ROCKY @ GREAT MACHA @
POEREI MEITEI
..... Appellant
Through:
Ms.
Tara
Narula,
Advocate,
(DHCLSC) with Ms. Bijaharini
Avula, Advocate for
versus
STATE (NIA)
..... Respondent
Through:
Mr. Gautam Narayan, SPP with
Ms. Zeenat Malik, PP, Ms.
Asmita Singh, Mr. Harshit Goel,
Mr. Siddhant Singh, Advs. with
Mr. R.K. Pandey, DSP-CIO.
+
CRL.A. 452/2023 & CRL.M.A. 15400/2023.
PUKHRIHONGAM PREM KUMAR MEITI @ PK @ IBOMCHA
..... Appellant
Through:
Ms. Astha, Adv. (DHCLSC)
versus
STATE (NIA)
..... Respondent
Through:
Mr. Gautam Narayan, SPP with
Ms. Zeenat Malik, PP, Ms.
Asmita Singh, Mr. Harshit Goel,
Mr. Siddhant Singh, Advs. with
Mr. R.K. Pandey, DSP-CIO.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
Digitally Signed
By:MANISH KUMAR
Signing Date:21.09.2023
10:54:31
Signature Not Verified
CRL.A. 191/2023 & CRL.A. 452/2023
Page 2 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”) bearingNo. 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 15thMarch, 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
Digitally Signed
By:MANISH KUMAR
Signing Date:21.09.2023
10:54:31
Signature Not Verified
CRL.A. 191/2023 & CRL.A. 452/2023
Page 3 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,