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SUPREME COURT OF INDIA
L. NAGESWARA RAO, S. RAVINDRA BHAT, JJ.
Sudesh Kedia – Appellant
Versus
Union of India – Respondent
Criminal Appeal Nos. 314-315 of 2021 (Arising out of SLP (Crl.) Nos. 6259-6260 of 2020)
Decided on : 09-04-2021
(A) Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Section 43-D (5) mandates that a person shall not be released on bail if court is of opinion that there are reasonable grounds for believing that accusations made are prima facie true – Apart from other offences, Appellant is accused of committing offences under Section 17, 18 and 21 of UA (P) Act – Appellant is accused of providing funds to a terrorist organization – According to the prosecution, he has entered into a conspiracy with other members of organization to strengthen and promote activities of organization – While considering grant of bail under Section 43 (5) D, it is bounden duty of Court to apply its mind to examine entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against accused or not. (Paras 9 and 11)
(B) Criminal Procedure Code, 1973 – Section 439 – Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail application – Investigation by NIA – Main accusation against Appellant is that he paid levy / extortion amount to terrorist organization – Payment of extortion money does not amount to terror funding – Other accused who are members of terrorist organization have been systematically collecting extortion amounts from businessmen – Appellant is carrying on transport business in area of operation of organization – Prima facie, it cannot be said that Appellant conspired with other members of TPC and raised funds to promote the organization – Prima facie, Court not satisfied that a case of conspiracy has been made out at this stage only on the ground that the Appellant met members of organization – At this stage, it cannot be said that amount seized from Appellant is proceeds from terrorist activity – There is no allegation that Appellant was receiving any money – On the other hand, Appellant is accused of providing money to members of TPC – Prima facie case has not been made out against Appellant relating to offences alleged against him – Judgment of High Court set aside and Appellant directed to be released on bail subject to satisfaction of Special Court. (Paras 11, 12 and 13)
Facts of the case:
Appellant is accused of committing offences under Sections 120B/414/384/386/387 of the Indian Penal Code,1860 (IPC) read with Sections 17/18/21 of Unlawful Activities (Prevention) Act, 1967 along with Sections 25 (1B) (a)/26/35 of the Arms Act and Section 17 (1) (2) of the Criminal Law Amendment (CLA) Act. The application filed for grant of bail was dismissed by Judicial Commissioner-cum-Special Judge NIA at Ranchi on 14.02.2020. High Court dismissed criminal appeal filed by the Appellant and upheld the order dated 14.02.2020 of the Special Judge. Therefore, present appeal.
Findings of Court:
While considering the grant of bail under Section 43-D(5), it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not.
Result : Appeal allowed.
JUDGMENT :
L. NAGESWARA RAO, J.
1. The Appellant is accused of committing offences under Sections 120B/414/384/386/387 of the Indian Penal Code,1860 (IPC) read with Sections 17/18/21 of the Unlawful Activities (Prevention) Act, 1967 along with Sections 25 (1B) (a)/26/35 of the Arms Act and Section 17 (1) (2) of the Criminal Law Amendment (CLA) Act. The application filed for grant of bail was dismissed by the Judicial Commissioner-cum-Special Judge NIA at Ranchi on 14.02.2020. The High Court dismissed the criminal appeal filed by the Appellant and upheld the order dated 14.02.2020 of the Special Judge. Therefore, the present appeal.
2. On a complaint made by Shri Ramadhari Singh, Sub-Inspector, Police Station Simariya, FIR No. 02/2016 was registered on 11.01.2016 at Police Station Tandwa under Sections 414, 384, 386, 387, 120B IPC, Sections 25 (1B) (a) 26/35 of the Arms Act and Section 17 (1) (2) of the CLA Act against Vinod Kumar and others. The allegation against the persons named in the FIR is that they were operatives / functionaries of a terrorist gang TPC and they were extorting levy from coal traders, transporters and contractors. After investigation a charge-sheet was filed on 10.03.2016 in the court of Chief Judicial Magistrate at Chatra against Vinod Kumar Ganjhu. In exercise of powers conferred under Section 6 (5) and Section 8 of the National Investigation Agency Act, 2008, the Central Government directed NIA to take up investigation in view of the gravity of the offences involving seizure of arms and ammunitions and huge amounts of cash. The members / operatives of Tritiya Prastuti Committee (TPC), according to the charge-sheet, have been extorting money from businessmen in Amrapali and Magadh coal mining areas and they have amassed movable and immovable properties from the said money. They have also been obstructing smooth supply of transport of coal.
3. During investigation, the statement of the Appellant was recorded under Section 164 Cr.PC. The Appellant stated that Subhan Miyan contacted him and demanded money for the smooth functioning of the business of the transport company i.e. M/s. Esskay Concast and Minerals Pvt. Ltd. He further stated that he had a meeting with A-5, A-10, A-11 & A-14. There was constant demand of payment of levy, he admitted payment of huge amount of money.
4. The National Investigation Agency submitted a supplementary charge-sheet against A-1 to A-16 on 21.12.2018 in which the modus operandi of collecting of levy from contractors, traders, transporters etc. was given. It was mentioned in the supplementary charge-sheet that coal traders / transporters were paying cash to Shanti Sah Sanchalan Samiti, Central Coalfield Limited, village committees and TPC operatives for carrying on their business smoothly.
5. On further investigation, a second supplementary charge-sheet was filed on 10.01.2020 in which the Appellant was shown as A-19. According to the supplementary charge-sheet the Appellant is engaged in transporting of coal on behalf of GVK Power and Godavari Commodities. He had attended meetings with TPC leaders and had paid levy to TPC leader Akraman (A-14) CCL employees and village committee members from his current account. In view of the payments made by him an inference was drawn that the Appellant colluded with the members of the terrorist gang (TPC) and was a party to a criminal conspiracy to raise funds for a terrorist gang. Further, an amount of Rs. 9,95,000/-(Rupees Nine Lakh and Ninety-Five Thousand only) was seized from his residential premises. The Appellant was apprehended on 10.01.2020. He moved an application for bail in the Court of Judicial Commissioner-cum-Special Judge, National Investigation Agency at Ranchi. The submission made on behalf of the Appellant that he was a victim and he was forced to pay the levy as demanded by the organization was not accepted by the special court. The Special Court was convinced with the contention of the prosecution that apart from the mee
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