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Fr__Stan Swamy V__State of IN THE COURT OF SPECIAL COURT NIA FOR GR.BOMBAY AT BOMBAY ORDER BELOW EXH.04 IN SPECIAL CASE NO. 414 OF 2020 ALONGWITH SPECIAL CASE NO. 871 OF 2020 Fr.St ! S" #$ .... A%%&'() N*.1+ ,er'&' T-e State *. M -ar '-tr /T-r*&0- NIA1 .…. C*#34 5!ant L(ar!() A)6*cate Mr. S- r5. S- 57- .*r %%&'() N*.1+. L(ar!() S.P.P. Mr. S-ett$ .*r NIA CORAM 8 HIS HONOUR THE SPECIAL 9UDGE SHRI. D5!('- E. :OTHALI:AR /C.R.NO.2;1 DATED 8 22!) M r%-< 2021. /DICTATED AND PRONOUNCED IN OPEN COURT1 ORAL ORDER . T-5' 5' ! 3345%at5*! .*r = 54 &!)er Sect5*! 4>? *. Cr.P.C*)(< =$ t-e 3345% nt< "-* - s =((! arr(st() *! t-e %%&sat5*n .*r %*##5''5*! *. *..(!%(' 3&!5'- =4( &!)(r Sect5*!' 121< 121@A< 124@A< 1;>@A< ;0;/11/=1< 11;< 120@B< 201 r( ) "5t- >4 *. t-( I!)5 ! P(! 4 C*)e, 1872 !) S(ct5*!' 1>< 1+< 17< 18< 18@A< 18@B< 20< >8 !) >? *. t-( U!4 ".&4 Act565t5(' /Pr(6(!t5*!1 Act< 1?+7. 2. T-( r*&t( # 3 *. t-( % '(< ' r(6( 4() .r*# t-( r(3*rt< % ! =( '&##ar5A() s &!)(rB . : 2 : T-at r(3*rt &!)er S(ct5*! 1;4 *. t-( C*)( *. Cr5#5! 4 Pr*%()&r(< " ' 4*)0() *! 8.1.2018 at ,5'-r #= &0 P*45%( Stat5*! =$ Mr. T&'-ar Ram('- D #0&)e. A%%*r)5!0 t* t-( 5!.*r# nt< -( " ' 5! t-( =&'5!('' *. %*!str&ct5*n. He - ' %4 5#() t-at 3r*0r # " ' *r0 !5A() at S- !5"ar W ) < P&!( *! >1.12.2017 =$ ! E40ar Par5'- ). T-( 5!.*r# nt - ) att(!)() ' 5) 3r*0r # at r*&!) 2800 3.#. It - ' .urt-er =((! 44(0() t-at .(" '3( 7er'< %*#3(r(< '5!0(r' !) *t-(r 3er.*r#er' "(r( 3r('(nt *! t-( st 0e. T-( 5!.*r# nt 7!(" : =5r : 4 M !%- !) 5tC' #(#=(r'. H( - ) r( ) =*ut t-(# *! '*%5 4 #()5 !) 5! t-( !("'3 3ers. It - ' =((! .urt-er stat() t-at '*#( 3er.*r#(r' (! ct() '-*rt 34 $'< 3(r.*r#() ) !%(' !) ' !0 '*!0'. A%%*r)5!0 t* -5#< t-( 3(r.*r# !%(' "er( 3r*6*cat56( 5! natur( !) - ) (..ect *. creat5!0 %*##&! 4 )5'-ar#*!$. At t-at t5#(< '*#( 3r*6*cat56( '3((%-(' "er( )(456er(). 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On t-( ! 4$'5' *. t-*'( %4*!() %*35('< *..(!%( &!)er t-( 3r*65'5*!' *. UAP Act "er( 5!6*7() *! 17.;.2018. ;. It 5' t-( % '( *. 3r*'(cut5*! t-at .r*# t-( '(5A() !) r(%*6(r() #ater5 4< 5t " ' r(6( 4() t-at .(" #*r( 3(r'*!' "er( 3 rt *. t-( %r5#5! 4 %*!'35r %$ !) t-(5r r*4( " ' !*t #(r(4$ 3er53-er 4 =&t " ' 6(r$ 65t 4. T-er(.*r(< '( r%- " ' %*!)uct() at t-( r('5)(!%(' *r "*r734 %(' *. *t-er %%&'() 3(r'*!s. T-( 3r*'(cut5*! r(%*6er() t-( )*%&#(!t t5t4() FStrat(0$ !) T ct5%' *. T-( I!)5 ! R(6*4&t5*!G< .r*# t-( %*#3uter *. %%&'() N*.+ P. ,ar 6ar Ra*. I! t-( ' 5) )*%&#(!t< t-( #*t56( *. t-( = !!() t(rr*r5st *r0 !5sat5*! 5.e. CPI /M *5st1 5' #(nt5*!(). A%%*r)5!0 t* 3r*'(%ut5*!< 5! 65(" *. %-5(65!0 t-( t '7< t-( CPI /M *5st1 5' " 05!0 !*t %*!6(nt5*! 4 " r< =ut< 3(*34(H' " r =$ #*=545A5!0 3(*34( *! # ''56( '% 4( =*t- #545t r54$ !) 3*45t5% 44$. It 5s t-e % 'e *. t-e 5!6(st5gat5!0 0(!%$ t-at t-e = !!() *r0 !5sat5*n 5' tr$5!0 t* creat( )5'- r#*!$ =et"((! )5..er(!t %ast(' "5t- t-( *=Dect56( t* *6ert-r*" t-( )(#*%rat5% 44$ (4(ct() G*6(r!#(nt !) t* '(5A( t-( 3*45t5% 4 3*"er t-r*&0- r#() r(6*4&t5*!. +. T-&'< t-( '%*3( *. 5!6(st5gat5*! " ' !*t r('tr5ct() t* .5!) *&t t-( *=D(ct !) (..ect *. t-( 3r*gr # *r0 !5A() *! >1.12.2017 =$ El0 r P r5'- ) *r t* % rr$ *&t 5!6(st5gat5*! 5nt* t-( 65*4(!%( t-at .*44*"() t-( ' 5) (6(ntB =ut< t-( 5!6est5gat5*! " ' (E3 !)() t* &!( rt- #&%- 4ar0(r %*!'35r %$ *. '(5A5!0 t-( 3*45t5% 4 3*"er . : 4 : t-r*&0- ar#() r(6*4ut5*! =$ #*=545A5!0 # ''(s. 7. O! 28.08.2018 !) 5! t-( #*!t- *. 9&!( 201? -*&'( *. t-( 3345cant " ' 'ear%-() .*r< -*&'( *. t-( 3345cant " ' '( r%-() .*r at B 0 5%-a. On 24.01.2020< t-( % '( " ' tr !'.(rr() t* Nat5*! 4 I!6est5gat5*! A0(!%$. T-er( .ter< *! 2;.07.2020< t-( t( # *. NIA - ) 65'5t() t-( r('5)(!%( *. t-( 3345% nt !) 5nt(rr*0at() -5# .*r 4#*st 1; -*&r' =et"((! 27.07.2020 t* 07.08.2020. T-(r( .t(r< *! 08.10.2020< t-e 3345cant "as rrest() !) '5!%e t-(n -e 5s 5n %&'t*)$. 8. T-( 3345% nt %4 5#' t-at -( 5' %at-*45% 3r5est !) t-at -( " ' t-( .*&!)(r *. B 0 5%- < ! *r0 !5sat5*! )()5cat() t* (#3*"(r A)56 '5' !) M**46 '5' !) t-at -( 5' *!( *. t-( 4( )5!0 tr5= 4 act565st' 5! 9- r7- !) !) - ' "r5tt(! !) r('(ar%-() *! t-( 5''&(' *. % st(< r(4505*!< 4 !) r50-t' !) str&004( *. 3(*34(. He - ' .urt-er %*#( "5t- t-( %*!t(nt5*! t-at *! 01.01.2018< 5t " ' 100t- !!56(r' r$ *. Hist*r5% Batt4e *. B-5#a :*r(0 *n !) #*r( t-an 2;0 S*%5 4 *r0 !5'at5*!' - 6( *r0 !5A() 3r*gr #(#( &!)er t-( = !!er *. FB-5# :*r(0 *! S- ur$ D5! Prer !a A=-5$ !G !) t-at *n >1.12.2017< ! (6(!t % 44() CT-( E40 r Par5'- )C " ' 4'* *r0 !5A() at S- !56ar W ) < P&!e. It 5' -5' %*!t(nt5*! t-at #*= -*4)5!0 ' ..r*! .4 0' att %7() t-( 3er'*!' tr 6(445!0 t* !) .r*#< t-( ,5D $st #=-. I! r('3ect *. ' 5) 5!%5)(nt ! *..(!%e "as r(05't(r() at P5#3r5 P*45%( Stat5*!< P&!(. ?. T-( 3345% nt - ' .&rt-(r %4 5#() t-at 5! t-( r(3*rt '&=#5tt() =$ t-( C*##5tt(( *. 10 #(#=(r' -( )() =$ t-( D(3ut$ M $*r< P&!( M545!) E7=*t(< S #=- D5 B-5)( !) *t-er' "(re ! #() ' . : 5 : # 5! %*!'35rat*r' .*r t-( 65*4(!%( )at() 01.01.2018. T-er(.*r(< %%*r)5!0 t* t-( 3345cant t-( r(3*rt )at() 08.08.2018 5' ! .tert-*&0-t r(3*rt. T-( 3345% nt %4 5#' t-at 33r(-(!)5!0 arr(st< -( - ) .54() Wr5t Pet5t5*! .*r I& '-5!0 t-( FIR. I! t-( ' 5) 3et5t5*!< t-( t-(! 5!6est5gat5*! *..5%(r< - ) # )( stat(#(nt t-at -( )5) !*t - 6( 5ntent5*! t* arr(st t-( 3345% nt !) t-er(.*r( t-( 3et5t5*! " ' )5'3*'() *. "5t- t-( *='er6at5*!' t-at t-er( "er( !* 3r*%(()5!0' 0 5!st t-e 3345% !t. 10. T-( 3345cant - ' %4 5#() = 54 *! t-( 0r*&!) *. -5' *4) 0( !) 3-$'5% 4 -( 4t-. It 5' .urt-er %4 5#() t-at t-er( 5' !* 3r5# . %5( #ater5 4 .*r 5#345cat5!0 t-( 3345cant 5! t-5' %r5#(. T-er( 5' )(4 $ 5! 4*)05!0 t-( r(3*rt !) t-( ' #( - ' !*t =((! (E34 5!(). T-( 3345% nt - ' !*t 34 $() r*4( 5! CE40 r P r5'- )C< (6(! -( " ' !*t 3r('ent at t-( t5#( *. ' 5) #(et5!0. H( - ' !*t =((! ! #() 5! t-( FIR !) t-at -5' ! #( " ' r(6( 4() .*r t-( .5rst t5#( 5! t-( r(# !) r(3*rt )at() 21.08.2018. T-( '(5A&r( 3 !%- ! # < "-5%- " ' )r "! at t-( -*&'( *. t-( 3345cant< " ' )r "! 5! Marat-5< !) '50!at&r( *. t-( 3345cant " ' *=t 5!() *! 5t .*r%5=4$< 5! 3r('(!%( *. t-( 3 !%- '< "-* "er( =r*&0-t .r*# M -ar '-tra. 11. A%%*r)5!0 t* t-( 3345% !t< t-( )*%&#(!t'J4ett(r' r(45() &3*! =$ t-( 3r*'(%&t5*! )* !*t ('t =45'- t-at t-($ "(r( act& 44$ '(!t !) t-at 5t 5' &!%(rt 5! ' t* t-(5r ut-*rs. T-( 4(tter' % !!*t =( &'() t* )(!$ = 54 t* t-( 3345% nt. T-( FM Tr !'%(56(r M !& 4< r(45() &3*! =$ t-( 3r*'(%&t5*!< 5' )*%&#(!t *. t-( $(ar 2000 !) #er( 3*''(''5*! *. ' 5) )*%&#(nt 5' !*t 544(0 4. A%%*r)5!0 t* t-( 3345% !t< . : 6 : ! art5%4( 3&=45'-() =$ T-( C r 6 !< D*&r! 4< - ' %4 5#() t-at t-( Har) D5'7 *. %%&'() Ro! W54'*!< " ' 5!.ect() "5t- # 4"ar( W5!>28 Tr*D !@0(n. 12. T-( 3345% nt - ' .&rt-(r %4 5#() t-at t-( r*4( *. PPSC - ' =((! est =45'-() ' ! *r0 !5sat5*! 3r*65)5ng 4(0 4 5) !) t-at t-( act *. 3r*65)5!0 4(0 4 5) t* t-( M *5st 5' !*t ! *..(!ce.
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