Delhi District Court
State vs . (1) Napoleon Thockchom on 18 February, 2015
IN THE COURT OF SH. REETESH SINGH, ASJ-02/FTC
NEW DELHI DISTRICT PATIALA HOUSE COURTS, DELHI
Case ID No. 02403R0071112011
Session Case No. 24/2013
State vs. (1) Napoleon Thockchom
S/o. Sh. Thockchom Ibomcha Singh
R/o. Village Khoijuman,
PS / PO Bishnupur, Manipur.
(At present in JC)
(2) Nangthanbam Anand @ Malengamba @ Yaiphaba
S/o. Sh. Ibocha
R/o. Village Khurai Kongpal,
Sajor Leikai, PS Perompat Distt. Imphal.
(At present in JC)
FIR No. 21/2011
PS: Special Cell
U/s: 18 & 20 of Unlawful Activities (Prevention) Act
Date of institution of the case : 30.05.2013
Date on which judgment reserved : 14.01.2015
Date of announcement of judgment : 18.02.2015
JUDGMENT ON A PLEA OF GUILT
1.Accused Napoleon Thockcham and Nangthanbam Anand are facing trial in this Court for the offences alleged to have been committed by them and punishable under Sections 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAPA').
2. FIR No. 21/11 PS Special Cell had been registered under Sections 9A/21/22/25A/29 of the Narcotics Drugs and Psychotropic Substances Act (herein after referred to as 'NDPS Act'), 120B IPC and Sections 18 and 20 of the UAPA against six persons namely Napoleon State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 1/13 Thockcham, Tongbram Robindro Singh @ David @ T.M. Singh, Ram Naresh @ Naresh, Umesh Mehra, Nangthanbam Anand as well as Sunil Meitie @ Chiromtiken (since deceased). The same was registered on the basis of rukka dated 01.04.2011 of Sub Inspector (SI) Dalip Singh, as per which in first week of March, 2011, information had been received that large quantities of Ephedrine, a controlled substance, was being illegally taken out from Delhi to Myanmar and China via Manipur for manufacturing narcotics by Manipur based traders and proceeds of the same were being sent to various banned militants organizations of Manipur to finance their activities. Information was discussed with senior officers and a team under the supervision of Inspector (Insp.) Sanjay Dutt was formed and it came to light that two persons namely Napoleon Thockcham and Tongbram Robindro Singh had come to Delhi from Manipur to collect a consignment of Ephedrine.
3. On 31.03.2011 at about 10pm specific information was received from a secret informer by Insp. Sanjay Dutt that Napoleon Thockcham had collected a huge quantity of the said substance from Gurgaon and would be passing through Old Gurgaon Road via Samalkha Village in a Toyota Qualis sliver colour vehicle no. DL 2CM 4805 and to proceed towards Delhi Airport for booking the said consignment to be sent to Manipur by air. On the basis of this information another team was constituted on the directions of senior police officers with whom said information had been discussed as per Section 42 of the NDPS Act. This team was under the supervision of Insp. Sanjay Dutt and consisting of SI Dalip Kumar, Insp. Rahul Kumar Singh, SI Dharmender Kumar, SI Rakesh Malik, ASI Shahjahan, ASI Sanjeev Lochan, HC Manoj, HC Gurmeet, HC Udaibeer, HC Kishnaram, HC Satyendra, HC Hansraj, HC Parvesh, HC Mohd. Iqbal and HC Manish. This team left office of Special Cell in three State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 2/13 private cars and two motorcycles with requisite arms and ammunition issued as well as a kit of the IO, field testing kit and reached near Orchid Garden, Link Road, near Samalkha Village, Delhi.
4. At about 11:30pm the informer met Insp. Sanjay Dutt at the appointed said place. Six to seven persons of the public were requested to join the investigation but they declined and left without revealing their names and addresses. Insp. Sanjay Dutt deployed members of the police team on specific points and at about 12:30am a Toyota Qualis sliver coloured vehicle no. DL 2CM 4805 was seen coming through the direction of Kapashera which was identified by the secret informer. The members of the police team forced the said vehicle to stop by using their own vehicles. The person found sitting on front seat of the said vehicle was identified by the informer as Napoleon Thockcham. The driver of the said vehicle disclosed his name as Durganand Mandal, a resident of Gurgaon who further disclosed that the person sitting with him i.e. Napoleon Thockcham had hired the said vehicle to drop certain white plastic bags found loaded in back seat of the said vehicle to Delhi Airport.
5. Napoleon Thockcham was informed by the members of the police team about their information regarding Ephedrine and that he was required to be searched and that he had a right to call any Magistrate or Gazetted Officer at the spot for his search to be carried out in their presence. Napoleon Thockcham in writing stated that he did not want to be searched in the presence of any such officer. In the meanwhile the police team had informed Assistant Commissioner of Police (ACP) Bhisham Singh who also reached the spot.
6. The search of the Toyota Qualis was carried out and several State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 3/13 large plastic bags were found in the said vehicle and accused Napoleon Thockcham was not able to give any satisfactory reply about its contents. He also did not have any document regarding said articles. The white plastic bags were found to be containing cardboard boxes and each cardboard box found containing a small sliver colour packet and each packet was found to be containing small white coloured tablets. These tablets were tested by using narcotics drugs detection kit and was found to test positive for Ephedrine. The same were also found to test positive for Methaqualone, a psychotropic substance as per the NDPS Act. The total weight of recovered tablets was about 200 kilograms. Accused Napoleon Thockcham revealed that these tablets were to be sent to Myanmar and China through Manipur and would be used for preparing ecstasy and other narcotic drugs for selling in parties.
7. Two samples of five grams each were taken from each polythene bag on random basis and kept in separate small plastic containers. The remaining tablets were kept in the recovered boxes and they were kept back in recovered white plastic bags in the same manner as they were recovered and these plastic bags were given numbers. Numbers were also given to the cardboard boxes. Samples were also marked separately. All the white plastic bags were then sealed and samples were also packed and sealed with the seal of DKJ. The seal after use was handed over to SI Dharmender Kumar. All the sealed parcels were seized through seizure memos.
8. During cursory interrogation, the accused Napoleon disclosed that he along with his associate Robindro were engaged in trafficking of drugs for some time and he used to receive drugs from his associate Naresh and that he was to deliver a consignment recovered State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 4/13 from him to Pandey who would send these articles through courier. The case property and carbon copies of seizure memos as well as original rukka were sent to the PS through HC Manoj Kumar. On the basis of above mentioned rukka, FIR No. 21/11 was registered.
9. Further investigation of the matter was handed over to SI Gurmeet Singh who interrogated the accused Napoleon and arrested him. Disclosure statement of Napoleon was recorded who stated that on 23.03.2011, he alongwith Robindro @ T.M. Singh @ David had come to Delhi and had stayed in Sapna Hotel, Gurgaon and another associate Gotcha, resident of Ashok Vihar, Gurgaon used to provide them logistics during their stay in Delhi. Accused Napoleon disclosed that Robindro told him that he was working for a banned terrorist organization KCP (MC) headed by its commander in chief Nangthanbam Anand and the proceeds of these drugs would be sent to the said group to finance its activities. He further disclosed that KCP (MC) had been formed in the year 1980 with the objective to preserve the Meitei Culture and demands of secession of Manipur from India. He further disclosed that KCP has funded its activities through extortion of local businessmen and MNCs of the region and had linkages with National Socialist Council of Nagaland and ULFA.
10. Accused Napoleon took the police team to hotel Sapna. The Manager of the said hotel identified the accused Napoleon and disclosed that his associate Robindro was staying in room no.216 in their hotel but had gone out. Accused Napoleon led the police team to room no. 216 of the said hotel and another packet of controlled Ephedrine / Methaqualone in tablet form was recovered from a strolly bag of Rohbindro. The same weighed about one kilogram and seized. One box of Nokia mobile phone and an information book of Aircel prepaid SIM card number no.
State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 5/13 7503740994 was also recovered from the strolly bag which as per the accused Napoleon belonged to Robindro. Investigation further revealed that mobile phone number 7503740994 was being used by T. Robindro and he was in regular touch with Gotcha. This mobile number was being used from the mobile phone handset in respect of which box of Nokia had been found from the hotel. Accused Napoleon further disclosed mobile numbers of his associates and technical surveillance was mounted on the same.
11. On 05.05.2011, police team headed by SI Dharmender Kumar apprehended the accused Nangthanbam Anand from Bangalore, Karnataka who revealed that he was absconding from Manipur and hiding in Bangalore in order to evade his arrest. He disclosed that he met the accused Robindro and Napoleon through one Thockchom Nando.
12. Investigation revealed that Thockchom Nando was lodged in a Manipur Jail and was mentor of Nangthanbam Anand. During investigation, one laptop computer, seven mobile phones, Reliance internet broadband connection, pen drive and one personal telephone diary were recovered from the accused Nangthanbam Anand and were seized. Accused Nangthanbam Anand was interrogated and he disclosed that he was commander in chief of banned terrorist organization KCP (MC) (Malengamba Group). He disclosed that he used to threaten people, send press notes and demand letters on behalf of said organization under the name and style of Yaiphaba.
13. As the evidence gathered pointed out offences under Sections 18 and 20 of the UAPA, further investigation was assigned to ACP S.K. Giri, Special Cell. Upon further investigation, recovered pen State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 6/13 drive was found containing copies of certain threatening letters, press notes written under the letter head of banned terrorist organization KCP (MC) and blank format of letter heads were also found in the pen drive. E- mails used by Nangthanbam Anand from the inbox folder were also printed out. Disclosure statement of the accused Nangthanbam Anand was also recorded. He disclosed that in the year 2009, he met Thockchom Nando in Jail who directed him to raise another outfit in the name of KCP (Malengamba). He was nominated as commander in chief and also a public secretary of the said outfit to issue press notes.
14. Accused Nangthanbam Anand had also disclosed that he had extended threats to MLAs not to contest the elections and various political leaders, Government officials and MNC Executives to get protection money and Thockchom Nando used to give directions from jail to recruit cadre. When the Manipur police had built up pressure on him, he absconded to Goa and then to Bangalore and thereafter on instructions of Thockchom Nando, he met with Robindro and Napoleon. He invested extortion money with Robindro in drugs trade for more profits. He also deputed one of his cadres Tampo to be in touch with Napoleon and Robindro. He also disclosed the mobile phones of another terrorist Sunil Meitei, a self-styled commander in chief of KCP (Mobile Task Force) and other details of his associates and accused Robindro. He also revealed that Sunil Meitei had also invested money with Robindro in illicit drugs trade. He used to send press notes to various media houses regarding claim of any terrorist activities or to send his dictate for public at large. From the analysis of print outs of e-mails and contents of SMS, found in the recovered phones, it came to light that accused Nangthanbam Anand was associated with Thockchom Nando. DIG Police, Range-1, Manipur revealed that accused Nangthanbam Anand was involved in seven other State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 7/13 case FIRs. Copies of which were collected.
15. On 29.06.2011, accused Robindro was arrested by Manipur Police at the request of Special Cell, Delhi Police. Team of Special Cell Delhi Police was sent to Manipur and his custody was obtained. He was arrested in this case. He also given the disclosure statement that he was working for KCP (MC) and was in touch with other accused persons. Investigation revealed that the accused Robindro was running the entire racket of drugs and was the front face of the KCP and generated funds through illicit trade and used to procure arms and ammunition for the outfit by transferring money through hawala operators. On 29.06.2011, a team of Special Cell headed by SI Dharmender Kumar apprehended the accused Chirom Tiken @ Sunil Meitei from Bangalore, Karnataka. One laptop, one broadband connection, four mobile phones, eight SIM Cards, notepad and a diary were recovered from him. On 30.06.2011 Chirom Tiken @ Sunil Meitei was arrested in this case and he also gave a disclosure statement, as per which he was involved in a drugs racket. This accused was found to be involved in fourteen other FIRs. On the disclosure of accused Napoleon that the consignments recovered were to be supplied to Naresh and Umesh, the latter were arrested and from whose possession 250kg and 750kg respectively of the controlled substance were recovered. Disclosure statements of both Naresh and Umesh were recorded.
16. Upon completion of investigation against these accused persons charge-sheet was filed. One of the accused Chirom Tiken @ Sunil Meitei had died. By order dated 24.05.2013 passed by the Ld. Court of Ms. Anu Grover Baliga, Special Judge (NDPS), New Delhi, all the five accused persons were discharged for the offences punishable under NDPS Act. On account of their discharge under provisions of the NDPS State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 8/13 Act, the file of the matter was assigned to the Court of Sh. Daya Prakash, Ld. ASJ and Ld. Predecessor of this Court under the orders dated 28.05.2013 passed by the District & Sessions Judge, New Delhi.
17. By order dated 30.01.2015 passed by Ld. Predecessor of this Court, accused Tongbram Robindro Singh @ David @ T.M. Singh, Ram Naresh @ Naresh and Umesh Mehra were discharged for the offences punishable under Sections 18 and 20 of the UAPA. Charges were however framed by the same order against present two accused persons i.e. Napoleon Thockcham and Nangthanbam Anand under Sections 18 and 20 of the UAPA. Both the accused persons pleaded not guilty and had claimed trial.
18. Between 08.05.2014 to 02.06.2014, four witnesses on behalf of the prosecution were examined. PW1 is ASI Devappa who proved registration of the FIR. PW2 is Sh. P.M. Muralidharen , Principal Private Secretary to Home Secretary, North Block, New Delhi. He had been summoned to prove the orders issued by the then Union Home Secretary Sh. Gopal K. Pillai regarding the request of the Delhi Police for interception of certain telephones. He had identified the signatures of Sh. Gopal K. Pillai on the orders which were exhibited as Ex.PW2/E, Ex.PW2/F and Ex.PW2/G and request letters of Delhi Police as Ex.PW2/A, Ex.PW2/B and Ex.PW2/C. His further examination in chief had been deferred as he had not brought the order by which these orders Ex.PW2/E, Ex.PW2/F and Ex.PW2/G were destroyed.
19. PW3 is ASI Rakesh Kumar who produced the office copy of a fax message from DIG Range-1 Manipur, Imphal addressed to Joint CP Special Branch regarding list of FIRs in which accused Nangthanbam State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 9/13 Anand was involved and got exhibited the same as Ex.PW3/A. In cross examination, PW3 deposed that he had no personal knowledge of the involvement of any of the accused. PW4 SI Jeet Singh was summoned to produce the record relating to fax message received from Assistant Director / MAC IB Ex.PW4/A which was regarding accused Sunil Meitie @ Chiromtiken. In cross examination, PW4 had deposed that he had no personal knowledge about involvement of any of the accused persons.
20. On 18.09.2014, both the accused persons had moved separate applications for pleading guilty.
21. Thereafter, HC Gurmeet Singh was examined as PW5. He had deposed that on 08.06.2011, he had taken three parcels sealed with the seal of SKJ from malkhana, PS Special Cell to FSL Rohini vide RC Ex.PW5.A. There is nothing material had been extracted during his cross examination on behalf of the accused persons.
22. PW6 was ASI Manoj Kumar who was a member of the police team constituted on 31.03.2011 under the supervision of Insp. Sanjay Dutt upon receipt of secret information. He has deposed as per contents of rukka regarding apprehension and detention of the accused Napoleon Thockcham and recoveries made from Toyota Qualis, Silver colour vehicle bearing no. DL 2CM 4805. He was also witness to the disclosure statement of the accused Napoleon Thockcham Ex.PW6/C. PW7 is the Nodal Officer from Bharti Aircel who produced the CDR in respect of mobile phone numbers 9741347673, 8861221489 and 9741180197. PW8 is the Nodal Officer from M/s Vodafone Mobile Services Ltd. who produced the CDR of mobile phone number 8794263394.
State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 10/13
23. PW9 is Sh. Sagar Sharma, Manager of Hotel Sapna who deposed regarding investigation carried out by the police in respect of room no. 216. He also identified the accused Napoleon Thockcham as the person who had stayed in the said room of the hotel. PW10 is Sh. Vijender Singh, Senior Scientific Officer (Documents), FSL, Delhi who proved his report Ex.PW10/A. As per the same, the person who wrote the red enclosed writings Mark Q1/1 to Q9/1 was the same person who had written the writing Mark S3 and S4 and the matched handwriting were those of the accused Napoleon Thockcham. PW12 is HC Kishna Ram who had taken the exhibits to CFSL, CBI vide RC no. 59/21/2011. PW13 is HC Sanjay had taken certain questioned documents, specimen documents and laptop etc. vide RC No. 120/21 and 84/21 to FSL Rohini. PW14 is ASI Shuloupou in whose presence voice sample of the accused Napoleon Thockcham had been taken for matching with the intercepted mobile conversations regarding extortion call. He had proved the seizure memo regarding specimen voice sample of the accused Napoleon Thockcham Ex.PW14/A. PW15 is Insp. Dharmender Kumar who was part of the investigation and apprehension of the accused persons. His evidence is also as per version of the prosecution as recorded in the charge-sheet and rukka.
24. PW6 to PW15 were not subjected to any cross examination. Thereafter the State closed further prosecution evidence in view of applications of both the accused persons for pleading guilty. Statement of both the accused persons under Section 313 of the Cr.P.C. were recorded after affording them an opportunity to think over the consequences of their decision. Both admitted that they were members of the banned terrorist organization Kanglaipak Communist Party (KCP).
State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 11/13
25. The basic charge against both these accused persons was that they were involved in illicit trafficking of drugs and substances to raise money for the activities of a banned terrorist organization KCP (MC). Charges have been framed against both the accused persons under Section 18 and 20 of the UAPA.
26. Section 18 of the UAPA provides as under:-
"18. Punishment for conspiracy, etc.--Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directs or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine."
27. Section 20 of the UAPA provides as under:-
"Punishment for being member of terrorist gang or organisation.--Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine."
28. Both the accused persons have already been discharged for the offences as alleged to have been committed by them under the NDPS Act vide order dated 24.05.2013 of the Court of Ms. Anu Grover Baliga. No evidence has come on record that both the accused persons were indulging in trade of any other illegal drugs to raise money for financing the activities of the said banned organization. The disclosure statements of both the accused persons in this regard, i.e. indulging in trade of any other illegal drugs to raise money for financing the activities of the said banned organization is inadmissible in evidence as there is no discovery of any such fact deposed to have been discovered in consequence of the State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 12/13 disclosure statements of the said accused persons within the meaning of section 27 of the Indian Evidence Act. Thus neither of the accused can be held guilty of the offence punishable under Section 18 of the UAPA. Both accused persons are therefore acquitted for the charge under Section 18 of the UAPA.
29. As regards the offence punishable under Section 20 of the UAPA, both the accused persons pleaded guilty to the said offence and stated in their statements recorded under Section 313 Cr.P.C. that they were members of banned terrorist organization namely Kanglaipak Communist Party (KCP). Hence, both the accused persons are convicted for the offence punishable under Section 20 of the UAPA.
30. CONCLUSION The net result of above discussion is that both the accused persons Napoleon Thockcham and Nangthanbam Anand are acquitted for the offence punishable under Section 18 of the UAPA. However, they stand convicted for the offence punishable under Section 20 of the UAPA as they were members of the banned terrorist organization Kanglaipak Communist Party (KCP).
Announced in the open court (REETESH SINGH)
on 18th February, 2015 ASJ-02/FTC, PHC/ND
18/02/2015
State vs. Napoleon Thockchom & Ors.
FIR No. 21/2011, PS Special Cell 13/13