Delhi High Court
Mohd Nafees Khan vs National Investigation Agency on 24 March, 2022
Bench: Siddharth Mridul, Rajnish Bhatnagar
NEUTRAL CITATION NO: 2022/DHC/001164
#S-6
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 24.03.2022
CRL.A. 326/2021
MOHD NAFEES KHAN .....Appellant
versus
NATIONAL INVESTIGATION AGENCY ......Respondent
Advocates who appeared in this case:
For the Appellant : Mr. Prashant Prakash and Ms. Qausar Khan,
Advocates.
For the Respondent : Mr. Akshai Malik, SPP and Mr. Khawar
Saleem, Advocate for NIA.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT) CRL. M.A. 17529/2021 (Exemption) and CRL.M.A. 17530/2021 (Exemption) Exemption granted subject to just exceptions.
The applications are disposed of accordingly.
CRL.A. 326/2021 Page 1 of 15This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 CRL.A. 326/2021
1. The present Criminal Appeal under the provision of Section 21(4) of the National Investigation Agency Act, 2008, is limited to impugning only the judgment on sentence dated 16.10.2020, passed by the Special Judge, NIA, New Delhi, in Case No. 14/2015/NIA/DLI, registered under Section 125 of the Indian Penal Code (IPC), 1860 and Section 18/18B/38/39 of the Unlawful Activities (Prevention) Act (UAPA), 1967, at Police Station NIA in case titled as „NIA vs. Mohd. Nafees Khan & Ors.'. At the outset, learned counsel appearing on behalf of Mohd.
Nafees Khan; who admittedly pleaded guilty to the commission of the said offences under the aforementioned Sections; limits the relief in the present appeal, to a reduction of the fine imposed upon him by way of the impugned judgment dated 16.10.2020.
2. Issue notice.
3. Mr. Akshai Malik, learned Special Public Prosecutor accepts notice on behalf of the respondent/NIA.
4. With the consent of learned counsel appearing on behalf of the parties, we have heard the present appeal finally and dispose it of, with the following order:
CRL.A. 326/2021 Page 2 of 15This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164
5. As noted hereinabove, it is relevant to observe that, Mohd. Nafees Khan; pleaded guilty to the following charges, as elaborated in the order of charge dated 03.03.2020, qua him.
"ORDER ON CHARGE The brief facts of the case of the NIA are that NIA registered the present case no. RC- 14/15/NIA/DLI under section 125 of IPC and sections 18, 18B, 38 & 39 of UAP Act, 1967.
2. As per the chargesheet, on 18.01.2016, a credible information was received that a module for ISIS was active in different parts of the country. Through different social media platforms, this module was engaged in recruiting Muslim youth for ISIS, a proscribed terrorist organization. During raids conducted at different cities, in total 16 accused persons were arrested in this. Investigation revealed that accused had formed an organization by the name of Junood-ul-Khilafa-Fil-Hind with a goal to establish Caliphate in India and pledging allegiance to ISIS/ISIL.They were to recruit Muslim youths to work for ISIS and commit acts of terrorism in India. This was being done the behest of one Yusuf-Al-Hindi @ Armar @ Anjan Bhai (hereinafter referred as A-19), who was based in Syria and was purportedly the media chief of ISIS. A-19 had used different social media platforms and IDs to interact with his associates/co- accused. He frequently interacted with 08 accused chargesheeted in this case. He did so by using internet based social media platforms. The purpose of this interaction was recruitment, preparation of IEDs, identifying places for training and hideouts and finally committing acts of terror in India. Accused, to further their object, conducted several meetings in different cities. These meetings were held on different time and dates all across India. Funds were transferred to the accused through Hawala channels and some of the accused had fabricated IEDs to commit terror attacks CRL.A. 326/2021 Page 3 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 in India. Accused had also contacted Naxalites to understand their modus operandi and they also had plans to buy weapons from the Naxalites. Accused had also visited the isolated and forested region of Vikarabad in Telangana, to identify suitable place for hide-out and training of their members.
3. It is further the case of the prosecution that during the investigation, it was revealed that as many as 09 meetings were organized between accused for the purposes of assigning responsibilities to all the members of Junood-ul-Khilafa-Fil-Hind, recruitment of Muslim youths, procurement of weapons, preparation of IEDs, identifying places for training and hideouts. All this was done to strike terror at various public places in India. This was being done at the behest of Yusuf-al-Hindi.
Case against each of the accused as per the charge- sheet Nafees Khan @ Zarrar (A-2)
4. As per the investigation, accused Mohamed Nafees Khan @ Fatima Khan @ Abu Zarrar @ Akram @ Hydra (hereinafter referred as A- 2) was drawn towards Islamic theology especially, the one subscribing to violent jihad. Nafees started browsing various social media websites in order to know the latest activities of the jihadists. One such website was Dawat-e-Haq. Nafees opened a Facebook account in the name of Nafees Khan and started browsing information/news on ISIS posted on the „Dabiq‟ a mouthpiece of ISIS.
5. On 22.01.2016, accused Nafees Khan was in this case. A search conducted at his residential premises led to seizure of incriminating documents, materials for fabricating IEDs, live explosives, mobile phone, sim cards and a laptop. Out of the seized articles, electronic devices were sent to CERT-In for analyses and expert opinion.CRL.A. 326/2021 Page 4 of 15
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164
6. Investigation has further revealed that in the year 2014, A-2 had received a request on Facebook from one Ayan Khan. Nafees accepted his request and started chatting with him. Through Ayan Khan, Nafees came in contact with one Khalid @ Rizwan Ahmed @ Azad (accused in RC-02/2016/NIA/Mum). Nafees Khan shared with Khalid his Nimbuzz Id „anjaaanbhai‟. In August, 2015, Khalid contacted Nafees through Trillian and introduced Nafees to one Gumnam@Yusuf of Syria. Nafees (A-2) started communicating with Gumnam@Yusuf (A-19). During the course of the said communication, Gumnam @ Yusuf started sending Islamic theological and jihadi literature including „Hadith‟ to Nafees Khan. Nafees Khan (A-2) was radicalized and was motivated towards militant jihad. As a result of this motivation, accused formed an organisation called Junood-ul- Khilafa-Fil-Hind, in the month of October, 2015. The data recovered from the mobile phone and laptop of accused Nafees Khan corroborated him to be receiving jihadi literature as well as jihadi videos from A-19. On the basis of material obtained from A-19, Nafees Khan tried to fabricate IED. Literature for bomb making and explosives along with materials for fabricating IEDs were seized from the accused at the time of the search at his residential premises. In order to keep their communication undetected, A-19 and Nafees (A-2) used Nimbuzz, surespot and Trillian chat applications. It was A-19 who instructed Nafees (A-2) to form an organisation in the name of "Junood-ul-Khilafa-Fil- Hind. Explosive material seized from the house of the accused was sent for defusal to Bomb Disposal Squad, Hyderabad and a defusal report was received from Bomb Disposal Squad, Hyderabad. Accused Yusuf @ Gumnam (A-19) directed accused Nafees Khan (A-2) to attend a meeting with Khalid @ Rizwan @ Azad at Gorakhpur, UP, for setting up an organization in support of Khilafat and the ISIS in India. Nafees reached Gorakhpur on 25th September, 2015 and contacted Azad @ Khalid @ Rizwan on „Trillian‟. On 1st November, 2015, a meeting was held in Lucknow. This was held at the behest of the accused Yusuf (A-CRL.A. 326/2021 Page 5 of 15
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164
19), with an agenda to establish Khilafat in India and formation of an organization, namely, "Junood-ul-
Khilafa-Fil- Hind". In that meeting, organizational structure of the new organization was discussed. Its future strategy to acquire resources like weapons, explosives and place for training in order to fight the Government and Shia Muslims was also discussed. This meeting was hosted by Mohammed Aleem (A-
12). The meeting was attended by Nafees Khan (A-2), Mudabbir Mushtaq Shaikh (A-3), Mohammad Hussain Khan @ Jameel (A-13), Rizwan Ahmed @ Khalid @ Azad (Accused in RC-02/2016/NIA/Mum), Ikrama @ Azhar (A-16) and Mohammed Aleem (A-12). In that meeting, Khalid @ Rizwan Ahmed told the gathering that Yusuf had asked him that they should assign role and responsibilities to its members. It was decided that Ikrama @ Azar (A-16) of MP would be Ameer for the whole of India. Khalid @ Rizwan informed all the participants that he would have to discuss the issue with Yusuf-Al-Hindi (A-19) for taking his approval. Later, in the evening, Khalid came online. Yusuf was informed about the decision of designating Ikrama @ Azhar (A-16) of Bhopal, Madhya Pradesh, as 'Ameer', which absolutely infuriated Yusuf @ Gumnam. Yusuf became infuriated as according to him Ikrama was not senior enough to become an Ameer. Nafees (A-2) had a skype account on his mobile phone. On Skype account of Nafees, Yusuf made a voice call (VOIP) and on speaker mode, he addressed all the participants of that meeting.
7. Thereafter, Yusuf @ Gumnam suggested that Mudabbir Mushtaq Sheikh @ Farooq (A-3) to be made "Ameer-e-Hind". As such, Farooq became the Ameer. Ikrama was designated as Askari Ameer and Nafees was designated as Maliyat Ameer. However, the meeting ended in a stalemate as no agreement could be reached regarding the responsibilities to be assigned to all the members present, as there were divergent views among the members present. Next day, the members had offered Namaz at a Mosque near Munsi Pulia. At that time, Mudabbir Mushtaq Sheikh @ Farooq (A-3) CRL.A. 326/2021 Page 6 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 gave a sum of Rs.8000/- to Nafees, as he was the Maliyati Ameer. The money was to be handed over to Ikrama @ Azhar (A-16) for buying an Android Phone for better communication among the members of the group. On the directions of accused Yusuf @ Gumnam (A-19), Nafees met Mudabbir @ Farooq in Andheri on 31.12.2015, at Versova Beach, Mumbai, and received Rs.50,000/- from Mudabbir with directions to purchase a mobile phone for Raj @ Ashik Ahmed (AW-2) of West Bengal. Nafees (A-2) purchased one Micromax Canvas mobile phone (android) for a sum of Rs. 7400/-. This mobile phone was seized from accused, Ashik Ahmed (AW-2). Out of Rs. 50,000/-, A-2 had also purchased one Dell laptop for himself. That laptop was seized from the possession of the accused at the time of his house search. The balance amount was used for logistical purposes. Nafees had also purchased 10 Aircel SIM's from one person who is working in an Aircel outlet owned by one Imran, located at Toli Chowki, Hyderabad, Telangana. Out of these Sim cards, Nafees had given 4-5 SIM's to Obedullah Khan (A-11) of Hyderabad. Nafees had paid Rs. 1000/- for 10 SIMs without submitting his Identity proof.
8. Investigation further revealed that on 23.10.2015, Nafees travelled from Dadar, Mumbai, to Bengaluru by train. On the direction of Najmul Huda (A-5), Nafees was received by accused Asif Ali (A-10) at the railway station. In October 2015, a meeting was held in the house of Suhail Ahmed (A-9). This meeting was attended by five accused persons, namely, Asif Ali (A-10), Najmul Huda (A-5), Abdul Ahad @ Abu Ali (AW-1), Nafees (A-2) and one Sadiq, who is a friend of Asif Ali (A-10). In the meeting, it was decided that the participants in the meeting would assume pseudonymous identities (kunniyat). Hence, the members were to be known by the following names; a). Najmul Huda as Arman, b). Asif as Armansani, c).Abdul Ahad as Abu Ali, d).Nafees as Fatima or Abu Zarrar. The train tickets of Nafees (A-
3) for the aforesaid journey was collected from the concerned Indian Railway authorities. On 25.10.2015, CRL.A. 326/2021 Page 7 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 a meeting was again held in the house of Mohamed Afzal (A-7) at Bengaluru. The meeting was attended by Abdul Ahad (AW-I), Mohamed Afzal (A-7), Asif Ali (A-10), Syed Mujahid (A-14), Najmul Huda (A-5), Nafees @ Abu Zarrar (A-2), Syed Asif and Mansoor. The agenda for the meeting was to establish Khilafat in India, propagation of the Ideology of ISIS and to assign different roles and responsibilities to every member present in the meeting. Nafees Khan (A-2) chaired the meeting and he asked all the members present to take a pledge, which was as under:
we should all adhere to the exact terms and conditions that will be discussed in the meeting, and we need to show our complete obedience to these terms, and the oath ended with the words, Allah is our witness".
9. Nafees (A-2) spoke about 'Hadith'&'Khilafat' and also discussed collection of 'Baitul Maal'-
(Subscription/'Chanda) for the cause of Khilafat. He emphasized on the need to give a concrete shape to the organizational structure of "Junood-ul-Khilafa-Fil Hind". The structure of the organisation in Karnataka was decided to be as under:
Ameer-- ???? (The post was kept vacant as the accused didn't want to disclose the name of Yusuf- Al-Hind (A-191) Naib Ameer-- Mohammed Nafees (A-2) Ameer-e-askari /Mali Ameer/ Dawat-e- Ameer--- Najmul Huda (A-5) Media Ameer - Abdul Ahad, (AW-1) Dawat-e-Ameer - Asif @ Arman Sani (A-10)
10. Everybody present in the meeting except accused Abdul Ahad and Afzal agreed with the aforesaid decision. In December, 2015, (A-2) again organized a meeting on 17/18 December 2015 in Pune.
One Bilal had also attended this meeting. Abu Anas (A-4) also came with two other persons to Pune. The motive of the meeting was to recruit more cadres for Khilafat, raise funds for their organisation and develop software for secure communication among the CRL.A. 326/2021 Page 8 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 members of Junood-ul-Khilafa-Fil-Hind. Nafees (A-2) also came in contact with Mohammed Shareef Moinuddin Khan (A-8) and in January 2016, a meeting was conducted at the residential premises of (A-8). Najmul Huda @ Nazmu (A-5), Suhail Ahmed @ Sohail @ Hafeez Saab (A-8), Obedullah Khan @ Obaid (A-16) and one Faizan @ Abu Bakker (resident of Bengaluru) and Mohammad Shareef Moinuddin Khan had attended that meeting. Nafees (A-2) discussed with them the issues pertaining to ISIS and persuaded them for 'hijrat' (migration). A-2 also showed a pipe bomb to Mohammed Shareef Moinuddin Khan (A-8) at his residence and A-8 also accompanied A-2 to the forest area of Vikharabad, Telangana, for identifying a safe location for hide-out and training.
11. Investigation further revealed that at the behest of Yusuf @ Gumnam (A-19), accused Nafees (A-2) started looking for safe locations in remote forest areas in order to identify a safe place for setting up a training camp and to use it as a hide-out. Nafees (A-2) along with Abu Anas (A-4) and Faizan first went to Vikarabad (Moinabad) and then to Narasapur, forest near Hyderabad on 13th & 14th of January, 2016, to identify a safe location. On 13th of January, 2016, Nafees along with Abu Bakker @ Faizan, Arfaan Shareef @ Hamza, Obedullah (A-11), Sharif Moinuddin (A-8) and Abu Anas (A-4) visited Vikarabad (around 75 Km away from Hyderabad) to find a suitable place for physical training of the members of the organisation. A farm house belonging to one Misbah, who was a friend of Mohd. Shareef Moinuddin, was identified as a safe hide-out for the group's future activities. This farm house was taken on lease by one Mohammed Akbar. On 14.01.2016, Nafees along with Abu Bakker @ Faizan, Arfaan @ Hamza, and Abu Anas (A-4) visited Narsapur Forest (40 Kms away from Hyderabad). One person Nizamuddin, who was known to Abu Bakkar @ Faizan, had also accompanied them from Narsapur to the said forest area. Accused A-2 had also taken an CRL.A. 326/2021 Page 9 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 IED (pipe bomb) with him to conduct a test and demonstrate it to the members of his group. This bomb was made by Nafees at his house. However, he could not find a suitable place for conducting such a test/demonstration.
12. Investigation further revealed that on 03.01.2016, Nafees (A-2) boarded a train from Borivali, Mumbai, to Durgapur, West Bengal. During the journey Nafees was in regular contact with Ashik Ahammad @ Raj (AW-2) through chat applications. On 05.01.2016, Nafees was received by Raj (AW-2) at 1400 hrs at Durgapur. From there, they reached Rajbandh at about 1730 hrs, by bus. Nafees stayed at Raj's place that night. As per the directions of Yusuf- al-Hindi (A-19), he gave a Micromax Canvas Juice-2 android mobile phone to Raj. Nafees also shared applications like Trillian, Surespot, Skype and Quran through bluetooth from his memory card with Ashik (AW-2). Further, as per the directions of Yusuf Al- Hindi, a Trillian Id "ansarl2" was created on that phone. Thereafter, A-2 and AW-2 discussed about Khilafat, the need to expand the base of the organization and procurement of weapons for their cause. The said phone was recovered from Ashik Ahmed at the time of his arrest.
13. Investigation further revealed that on 06.01.2016, Raj (AW-2) accompanied accused Nafees to Tarakeshwar. At Tarkeshwar, AW-2 introduced his two friends to accused Nafees Khan. During the conversation, one Saddam told that he knew a person, namely, Mohammed Bin Israel @ Bani Israil @ Mithunda, who was a mason by profession. He further disclosed that Bani Israil could help them in getting weapons. In the evening, at about 2030 hrs, they went to meet Bani Israil at his place of work. Nafees enquired from Bani Israel the ways and means of obtaining bombs and weapons in Bengal. Bani Israel responded that he knew one person who could even arrange weapons like AK- 47. Later on, Nafees (A- 2) delivered a speech in a meeting and announced that for CRL.A. 326/2021 Page 10 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 the sake of Islam, they had murdered the Judge who punished Saddam Husain with death. Nafees (A-2) also shared his plan to establish a base camp in that area for future activities. Nafees also tried to motivate Alif Mallick and Raojatul @ Bachu to join the ISIS. The next morning, i.e.,on 07.01.2015, accused, Nafees along with Raj left for Howrah Railway Station for their journey to Lucknow. The train ticket of accused Nafees had been obtained from the Railway authorities.
14. Investigation further revealed that Mohamed Nafees (A-2), had tried to make IED. The seized materials for fabricating IEDs along with the GI pipe was forwarded to the DPS Gandhinagar, Gujrat, for forensic examination and expert opinion. On 08.07.2016, the expert opinion was received. As per the opinion, "Potassium and Nitrate radicals, aluminium powder, free sulphur and carbon are detected in exhibit mark-AA-l, AA-6 and Exh-AA8 and Exhibit-AA7 is a quartz clock. Analysis of the clock shows that hour hand was found Missing and one wire without insulator is rounded on minute hand of the clock. One open wire with stand is also placed at 3' o clock condition and it is fixed. The minute hand is in moving condition with open wire. When the minute hand reached at 3 o' clock position, two open wires connected with each other to complete the connection. One additional connector was also connected with the clock. Using this connector 9V battery i.e. Ex-11 can be connected with the clock and output of this voltage can be used as a trigger to primary device.
15. This corroborates the preparation of IEDs and their planning to commit terror strikes at various public places and vital installations in India.
16. Investigation further revealed that accused Mohamed Nafees had used different social media platforms and mobile phone numbers to interact with his associates and like-minded people. Nafees (A-2), was using internet facility on his mobile to access CRL.A. 326/2021 Page 11 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 internet and social media networks viz. Facebook, Skype, Trillian, WhatsApp etc. to communicate with other co-accused. IPDR (Internet Protocol Detail Report) was procured from the concerned network companies."
6. Before proceeding further, it would be germane to observe that, in terms of the mandate of the provisions of Sections 17 and 18 of the Unlawful Activities (Prevention) Act (UAPA), 1967 and Section 125 of the Indian Penal Code, 1860, a conviction for the commission of the said offences are punishable with sentences extendable to a period of imprisonment for life and shall also be liable to fine.
7. It is in the backdrop of the above facts and circumstances that the learned Special Judge, NIA, New Delhi, was pleased to sentence Mohd.
Nafees Khan, as under:-
"92. I accordingly sentence convict Nafees Khan as under:-
U/s 120B IPC, U/s 17 UA(P) Act r/w 120B IPC, u/s 18 UA(P) Act r/w 120B IPC, u/s 18B UA(P) Act r/w 120B IPC, u/s 38 UA(P) act r/w 120B IPC, u/s 39 UA(P)Act r/w 120B IPC and u/s 40 UA(P) Act r/w 120B IPC i. The convict is sentenced to undergo rigorous imprisonment for a period of 05 years, ii. A fine of Rs.5,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 17 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 10 years, CRL.A. 326/2021 Page 12 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 ii. A fine of Rs.20,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 18 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 10 years, ii. A fine of Rs.20,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 18B UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 10 years, ii. A fine of Rs.20,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 23 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 10 years, ii. A fine of Rs.20,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 38 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 05 years, ii. A fine of Rs.5,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 39 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 05 years, ii. A fine of Rs.5,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 40 UA(P) Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 05 years, CRL.A. 326/2021 Page 13 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 ii. A fine of Rs.5,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of six months.
U/s 5 and 6 Explosives Substance Act i. The convict is sentenced to undergo rigorous imprisonment for a period of 03 years, ii. A fine of Rs.3,000/- is also imposed upon the convict. In default of payment of fine, the convict shall undergo simple imprisonment for a period of three months.
All the sentences shall run concurrently. Benefit of section 428 Cr:P.C shall be given to the convict."
8. We, however, also observe that the learned Special Judge, expressed an opinion that, one of the mitigating circumstances that was considered whilst sentencing Mohd. Nafees Khan, as above, was that, he was admittedly semi-literate and was employed as a tile-worker, in the unorganized sector.
9. In this behalf, it is also relevant to observe that the appellant has been opined to have no social ties with his family save and except that he would occasionally visit his family during festivals.
10. In view of the overall circumstances that have been delineated herein above, we are of the considered view that the limited relief of reduction in the fine imposed upon the appellant, in the impugned Judgement and Order dated 16.10.2020, merits positive consideration particularly in view of his impoverished state. Therefore, whilst CRL.A. 326/2021 Page 14 of 15 This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001164 upholding the order of conviction and sentence imposed upon Mohd.
Nafees Khan, we hereby direct that the quantum of fine imposed upon him be reduced in half in relation to each offence for which he has been sentenced by way of the impugned judgment.
No further directions are called for.
The appeal is disposed of accordingly.
SIDDHARTH MRIDUL (JUDGE) RAJNISH BHATNAGAR (JUDGE) MARCH 24, 2022/rs/danish Click here to check corrigendum, if any CRL.A. 326/2021 Page 15 of 15 This is a digitally signed Judgement.