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In the Hon'ble High Court of Judicature at Bombay

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In the Hon'ble High Court of Judicature at Bombay IN THE HON'BLE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL ORIGINAL JURISDICTION CRIMINAL APPEAL NO. 444 OF 2021 IN THE MATTER OF: FR STAN SWAMY … APPLICANT/ACCUSED VERSUS NATIONAL INVESTIGATION … RESPONDENT AGENCY REPLY AFFIDAVIT ON THE BEHALF OF NATIONAL INVESTIGATION AGENCY ("NIA”) MOST RESPECTFULLY SHOWETH: I, Vikram Khalate, aged 41 years, presently working as Superintendent of Police, National Investigation Agency (NIA), Mumbai - 400026 do hereby state on solemn affirmation as under- 1. That, I have read the contents of the present Criminal Bail Application filed by appellant/accused hereinabove and on the basis of the documents and records available in my office, I am filing the present reply Affidavit inter alia placing on record the factual aspect before this Hon'ble Court. 2. That the National Investigation Agency (NIA) is investigating a case vide RC- 01/2020/NIA/MUM under Sections 153 (A), 505(1)(B), 117, 120 (B), 121, 121 (A), 124 (A) & 34 of IPC, sections 13, 16, 17, 18, 18(A), 18(B), 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967 as per direction of Ministry of Home Affairs, Government of India, CTCR Division Order F. No. 11011/17/2020/NIA dated 24th January 2020, relating to 16 arrested accused persons for inciting people and giving provocative presentation and speeches on 31.12.2017 during Elgar Parishad organized by the activist of Kabir Kala Manch at Shaniwarwada, Pune which promoted enmity between the caste groups and led to violence resulting in loss of life and state wide agitation. During investigation it is revealed that the senior leaders of CPI (Maoist) a banned organisation under U. A. (P.) Act were in contact with organisers of Elgar Parishad as well as the arrested accused persons of the case to spread the ideology of Maoism/Naxalism and encourage unlawful activities. 3. That the above said was registered as case No. 04/2018 dated 08.01.2018 at Vishram Baug Police Station Pune, Maharashtra, under sections 153-A, 505(1)(B), 117, 34 Indian Penal Code against accused persons namely Sudhir Dhawale of Kabir Kala Manch, Sagar Gorkhe & others associates, Harshali Potdar, Ramesh Gaichor, Deepak Dengle, Jyoti Jagtap and other associates. 4. That considering the gravity of the offence and its inter State linkages and implications on national security, the Central Government in exercise of the power conferred by section 6 (5) r/w section 8 of National Investigation Agency Act, 2008 has suo motu directed the National Investigation Agency to take up the investigation of the aforesaid case, vide Ministry of Home Affairs (MHA), Government of India, CTCR Division order F. No. 11011/17/2020/NIA dated 24th January 2020. Accordingly, the case was re- registered at NIA Police Station, Mumbai vide RC No. 01/2020/NIA/MUM under section 153 A, 505(1)(B), 117, 34 of Indian Penal Code and sections 13, 16, 18, 18B, 20, 39 of Unlawful Activities (Prevention) Act 1967 for the purpose of investigation. 5. That after receipt of order from the Maharashtra State Government the Pune Police, vide handing over taking over memo dated 19.02.2020, handed over the case papers and records to NIA for further investigation. 6. That it is revealed from the documents received from the Pune Police that Crime No 04/2018 u/s 153-A, 505(1)(B), 117, 34 of Indian Penal Code was registered against accused namely accused) 1) Sudhir Dhawale 2) Sagar gorakhe 3) Harshali Potdar 4) Dipak Dhengale 5) Jyoti Jagtap 6) Ramesh Gaychor and Others by Visharm Baug Police on 08.01.2018, on the basis of the complaint of Shri Tushar Ramesh Damgude. 7. That initial investigation af the case was carried out by Police Inspector Shri Marathe and Shri. Shrikant Shinde from 08/01/2018 To 24/01/2018. Subsequently investigation was entrusted to Shri. Shivaji Pawar, Asst. Commr. of Police, Swargate Div. Pune City as an Investigation officer of the case on 24.01 2018. 8. That during investigation of the case names of two suspects Surendra Gadling, R/o- Nagpur and Rona Wilson, R/o Delhi came forth, hence Investigation officer arraigned them as suspect /accused and invoked the provisions of section 120(B) of the Indian Penal Code by on 06.03.2018 9. On 17.4 2018, the Investigation officer conducted searches at the residences of eight persons, namely, Rona Wilson, at Delhi, Surendra Gadling, at Nagpur, Sudhir Dhavale, at Mumbai, Harshali Potdar, at Mumbai, Sagar Gorakhe, at Pune, Deepak Dhengale, at Pune, Ramesh Gaychor at Pune, and Jyoti Jagtap, at Pune and various computers/ laptops / pen drives memory cards along with other articles were seized. 10. That the articles and material seized during the house search of Rona Wilson, Surendra Gadling, Sudhir Dhavale, Harshali Potdar, Sagar Gorakhe, Deepak Dhengale, Ramesh Gaychor, and Jyoti Japtap were sent to Forensic Science Lab, Pune on 20.04.2018. 11. That the investigating officer received the clone copies of above mentioned seized electronics / digital articles from Forensic Science Lab, Pune of accused Rona Wilson on 23.04.2018 Surendra Gudling on 24.04.2018; Harshali Potdar on 10.05.2018; Ramesh Gaychor on 16.05.2018; Dipak Dhengale on 18.05.2018 and Sagar Gorakhe on 24.05.2018. 12. That the analysis of the clone copies of seized articles revealed the nature of offence being very grave and serious and that it is a larger conspiracy which is not limited to the alleged offence as mentioned in the FIR. The involvement of the left wing extremist spread the scope of the offence not only limited to the State of Maharashtra but including the regions of the country which are affected by the Naxalites Movements. The analysis also confirmed that the accused Surendra Gadling, R/o Nagpur, Rona Wilson, R/o Delhi; Shoma Sen, R/o Nagpur, Mahesh Raut, R/o Nagpur and Gadchiroli; Comrade M. @ Milind Teltumbade (absconding): Comrade Prakash @ Navin @ Rituparn Goswami R/o Assam (absconding), Comrade Manglu (absconding); Comrade Dipu are involved in the Crime whose names were not mentioned in the FIR. During the investigation, the investigation officer invoked the provisions of sections 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act on 17.05.2018. 13. That the accused namely Surendra Gadling, R/o Nagpur, Rona Wilson, R/o Delhi; Sudhir Dhawale were arrested on 06.06.2018. Similarly the residences of Shoma Sen R/o Nagpur and Mahesh Raut R/o Nagpur and Gadchiroli were searched. During the house searches Pune Police seized various computers / laptops / pen drives memory cards along with the other articles on 06.06.2018 and also arrested accused Shoma Sen and Mahesh Raut on the very same day. 14. That the articles and material seized during the house search of Shoma Sen and Mahesh Raut were sent to Forensic Science Lab, Pune on O8.06.2018. 15. That the investigating officer received clone copies of seized electronics / digital articles from Forensic Science Lab, Pune of accused Shoma Sen and Mahesh Raut on 13.06.2018. 16. That the analysis of clone copies of electronics/digital articles revealed the involvement of more accused namely Vara Vara Rao R/o Hyderabad; Arun Ferreira, R/o Thane, Maharashtra; Vernon Gonsalves, R/o Mumbai; Sudha Bharadwaj, R/o Faridabad Gautam Navlakha, R/o New Delhi ; Anand Teltumbade, R/o Goa; Stan Swamy, R/o-Ranchi. Hence the investigation officer added their names as accused in the case on 23.08.2018. 17. That on 28.08.2018 searches were conducted at the residences / workplaces of Varavara Rao in Hyderabad, Sudha Bharadwaj in Faridabad, Arun Ferreira and Vernon Gonsalves in Mumbai, Gautam Navlakha in Delhi, and Stan Swamy in Ranchi. Further, Pune Police arrested Varavara Rao, Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira and Vernon Gonsalves on 28.08.2018 and put them under house arrest. 18. That on 15.11.2018 Pune Police filed chargesheet under Sections 153 (A), 505(1)(B), 117, 120 (B), 121, 121 (A), 124 (A) & 34 of IPC and Sections 13, 16, 17, 18, 18(B), 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967, against five arrested accused persons namely Sudhir Dhawale,, Surendra Gadling, Shoma Sen, Mahesh Raut, Rona and five absconding accused persons namely Kishan da @ Prashanto Bose, Milind Teltumbde, Prakash @ Ritupan Goswami, Deepu, Manglu. 19. Subsequently, on 19.02.2019 Pune Police filed Supplementary Charge sheet under sections 153 (A), 505 (1)(B), 117, 120 (B), 121, 121 (A) 124 (A) & 34 of IPC and section 13, 16, 17, 18, 18 (B), 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967 against Varavara Rao, Arun Ferreira, Vernon Gonsalves and Sudha Bharadwaj and one absconding accused namely Ganapathy @ Mupalla Laxman Rao. 20. That after receipt of the documents, NIA vide application dated 21.03.2020 reported the court regarding addition of Sections 120 (B), 121, 121 (A) & 124 (A) of IPC and Sections 17, 38 & 40 of the Unlawful Activities (Prevention) Act, 1967 in the FIR re-registered by NIA vide RC-01/2020/NIA/Mum. 21. That as per the order of Hon’ble Supreme Court of India dated 08.04.2020, the accused Anand Teltumbde surrendered before National Investigation Agency, Mumbai Branch office and the accused Gautam Navlakha surrendered before the National Investigation Agency, New Delhi on 14.04.2020. 22. That the accused Anand Teltumbde was arrested by the National Investigation Agency, Mumbai and the accused Gautam Navlakha was arrested by National Investigation Agency, New Delhi on 14.04.2020. 23. That during the investigation of the case, NIA arrested the accused Hany Babu Musaliyarveettil Tharayil on 28.07.2020.
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