IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION [CRIMINAL] NO.494/2025 NATIONAL INVESTIGATION AGENCY (NIA) Petitioner(s)

VERSUS C GUNASEKARAN @ GUNA @ PREM KUMAR & ORS. Respondent(s)

O R D E R

We have heard the learned ASG appearing for the petitioner and the learned Senior counsel appearing for the respondent(s).

Learned ASG appearing for the petitioner seeks transfer of the proceedings in the criminal case bearing No.RC-29/2022/NIA/DLI, National Investigation Agency v. C. Gunashekaran @ Guna @ Prem Kumar & Ors., pending before the learned Special Court for NIA cases, Chennai, to the learned Special Court for NIA Cases at Ernakulam, Kerala, for trial with case RC-01/2021/NIA/KOC.

Learned ASG appearing for the petitioner would submit that the intelligence report obtained recently would indicate a perceived threat to the witnesses and the accused persons. On the last Signature Not Verified Digitally signed by occasion, the accused person(s) were produced before ASHA SUNDRIYAL Date: 2026.03.09

17:02:45 IST Reason:

the Court with heavy security. Twenty-three witnesses are common to the cases in Chennai and Kerala, of which only nine are from Chennai, and the rest are all officials. One of the accused’s relatives is also an accused in the case pending in Kerala. Both cases have a cascading effect on each other, as they pertain to offences punishable under the Arms Act, 1959, and the Narcotic Drugs and Psychotropic Substances Act, 1985, for transportation of arms and ammunition, and drugs. Therefore, considering the sensitivity of the case coupled with the aspect of convenience, the matter may be transferred.

Learned Senior counsel appearing for the respondent(s) would submit that the submissions on behalf of the petitioner are not backed by records. Most of the witnesses are official witnesses. She further submits that most of the accused persons in the case pending in Kerala are Sinhalese, while the accused persons in the case pending in Chennai are Tamilians, and therefore, the petition deserves to be dismissed.

Learned Senior counsel appearing for the respondent(s) made an alternative submission that, in the event of the Court acceding to the request of the petitioner, the facility of translated copies of the charge sheet in the case pending in Kerala may be furnished to each of the accused persons. It is incidentally submitted that translated copies be provided as and when required by the accused persons.

Taking note of the submissions made, we deem it appropriate to transfer the criminal case bearing No.RC-29/2022/NIA/DLI, National Investigation Agency v. C. Gunashekaran @ Guna @ Prem Kumar & Ors., pending before the learned Special Court for NIA cases, Chennai, to the learned Special Court for NIA Cases at Ernakulam, Kerala, for trial with case RC-

01/2021/NIA/KOC.

The submission made with respect to the threat to the witnesses and the accused persons cannot be brushed aside easily. Furthermore, this is a case involving protected witnesses and witnesses who hail from Kerala, though not public witnesses.

Considering the above, the Transfer Petition stands allowed.

Records shall be sent by the Court where proceedings are pending to the transferee Court promptly and without any delay. However, the Trial Court shall give adequate time to the accused persons, after the transfer, to engage lawyers to defend themselves.

In the event of proceedings being conducted in Malayalam, the Trial Court shall consider providing the facility of Tamil translation as and when required, if it deems fit to do so. The Trial Court shall also consider the request with respect to the furnishing of a translated copy of the charge sheet in the case pending in Kerala, to the accused persons herein.

The Transfer Petition stands allowed, accordingly.

Pending application(s), if any, shall stand disposed of.

............................J.

[M.M. SUNDRESH]

...........................J. [NONGMEIKAPAM KOTISWAR SINGH]

NEW DELHI;

FEBRUARY 26, 2026.

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