MANU/SC/0255/2021

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 314-315 of 2021 (Arising out of SLP (Crl.) Nos. 6259-6260 of 2020)

Decided On: 09.04.2021

Appellants: Sudesh Kedia Vs. Respondent: Union of India (UOI)

Hon'ble Judges/Coram:
L. Nageswara Rao and S. Ravindra Bhat

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 Indian Penal Code, 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 recorde........