Right to speedy trial enshrined in Article 21 prevails over statutory provisions restricting bail, especially when prolonged incarceration is evident.

JUDGMENT

P.V.BALAKRISHNAN,J

This appeal, under Section 21 of the National Investigation Agency Act,2008 (hereinafter referred to as 'the NIA Act', for short) is filed by the petitioner in Crl.M.P.No.70/2024 in SC No.4/2021/NIA, challenging the order dated 22.04.2024, passed by the Special Court for trial of NIA Cases, Ernakulam, dismissing his application seeking bail.

2. The appellant is the 9^th accused in SC 4/2021/NIA on the files of the Special Court for trial of NIA Cases, Ernakulam. The appellant is facing charges under Section 120B read with Section 125 IPC , , read with Sections 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, (hereinafter referred to as 'the UA(P) Act' for short), read with Sections 7 and 25(1AA) of the Arms Act 1959, Section 8 (c) read with Sections 21 (c), 23(c), 24, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act', for short), of and Sections 18,20,38,39 and 40 of UA(P) Act.

3. The prosecution allegation against the appellant in brief is as follows:

The appellant is a Sri Lankan citizen, residing in Chennai as a refugee. He is an armed cadre of LTTE in Sri Lanka and was a member of the outer security wing of the LTTE leader Prabhakaran. Being a core cadre of LTTE, he got associated with accused Nos. 7,8,10 and others, who are active supporters and members of LTTE and formed a terrorist gang. As a member of the terrorist gang, he conducted and attended various conspiracy meetings with accused Nos.7,8,10,12 and others at various places in Tamil Nadu, with an intention to revive LTTE and furthering its activities in India and Sri Lanka, for waging war against Sri Lanka. In furtherance of the conspiracy, the terrorist gang including the appellant, decided to conduct illegal trafficking of narcotic drugs, arms and ammunitions in huge quantities to achieve their goal. In furtherance of a larger conspiracy, accused Nos. 15 and 7 with the assistance of the 8^th accused, conspired with accused Nos. 11,13 and others, and arranged 300.323 kilograms of heroin, prohibited arms - 5 numbers of Type 56 rifles and ammunitions -1000 rounds of 9 mm, for the revival of LTTE; furthering its activities in India and Sri Lanka; for raising funds for LTTE and to commit terrorist acts. The appellant also accrued huge funds and assets by sale of narcotic drugs, arms and ammunition both, in Sri Lanka and India and part of the funds were utilised for furthering the activities of LTTE in India and Sri Lanka. The funds raised by illegal dealings were received by the appellant in India through gold/hawala and other means with the assistance of the 14^th accused. Huge funds were also converted into movable and immovable property, with an intention to liquidate the same for providing funds for furthering the activities of LTTE in India and Sri Lanka. Hence, the prosecution alleges that the appellant has committed the afore offences.

4. During the pendency of SC No.4/21, the appellant filed Crl.MP No.70/24 before the trial court seeking regular bail. The said petition was dismissed by the trial court on 22.04.2024 vide the impugned order.

5. Heard Adv.Cimil, the learned counsel appearing for the appellant and Adv.Shalina, the learned DSGI appearing for the respondent. A report was also called for from the trial court regarding the status of SC 4/2021.

6. The learned counsel for the appellant submitted that there are absolutely no materials available to show that the accusation against the appellant is prima facie true. He submitted that the materials/evidence projected by the prosecution, even if it is accepted in toto, will not attract the offences as alleged. He argued that ther