Jharkhand High Court
Gopal Oraon @ Gopal vs Union Of India Through National ... on 13 February, 2023
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 398 of 2021
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Gopal Oraon @ Gopal, S/o Pramod Oraon, R/o M- 662/663, M- Block, DDA Flat, Shakurpur, J.J Colony, Saraswati Vihar, North West Delhi-110034, Permanent Resident of Village- Tungaon, P.O & P.S- Karra, District-
Khunti. ... ... Appellant
Versus
Union of India through National Investigation Agency ... ... Respondent With Criminal Appeal (D.B.) No. 441 of 2022
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Panna Lal Mahto, S/o Late Choyta Mahto, R/o Village- Ganaloya, P.O & P.S- Khunti, District- Khunti.
... ... Appellant Versus National Investigating Agency (N.I.A) ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellants : Mr. Jitendra S. Singh, Adv.
(Criminal Appeal (D.B.) No. 398 of 2021) Mr. Gaurav, Adv.
(Criminal Appeal (D.B.) No. 441 of 2022) For the Respondent-NIA : Mr. A.K. Das, Special P.P. (In both the cases)
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09/13.02.2023 Heard Mr. Jitendra S. Singh, learned counsel for the appellant in Criminal Appeal (D.B.) No. 398 of 2021 and Mr. Gaurav, learned counsel for the appellant in Criminal Appeal (D.B.) No. 441 of 2022 and Mr. A.K. Das, learned Special P.P. for the NIA, Ranchi.
2. Since both the cases arises out of a common First Information Report as such they are being disposed off by this common order.
3. In Criminal Appeal (D.B.) No. 398 of 2021 the appellant is aggrieved by the order dated 27.11.2021 passed by Sri Madhuresh Kumar Verma, learned Additional Judicial Commissioner-XVI-cum-Special Judge NIA, Ranchi in Misc. Criminal Application No. 419/2021, whereby and whereunder the prayer for bail of the appellant has been rejected.
-2-4. In Criminal Appeal (D.B.) No. 441 of 2022 the appellant has challenged the order dated 18.04.2022 passed in Misc. Criminal Application No. 288/2022 by Sri Madhuresh Kumar Verma, learned Additional Judicial Commissioner-XVI-cum-Special Judge NIA, Ranchi by which the prayer for bail of the appellant has been rejected.
5. The prosecution case is based upon the self statement of Meera Singh In-charge AHTU, Khunti P.S. on 19.07.2019 to the effect that a secret information was received that Panna Lal Mahto (appellant) in Criminal Appeal (D.B.) No. 441 of 2022 was planning to traffick minor girls to Delhi in his white colour Fortuner car bearing registration number JH01BH-5434. On this information, a raid was conducted in the house of the elder brother of Panna Lal Mahto and on seeing the Police party Panna Lal Mahto tried to escape but he was apprehended. On a search conducted one Apple mobile, grey colour bag, yellow colour file, blue colour diary, cheque books of ICICI Bank, Axix Bank, Uco Bank, HDFC Bank, Induslnd Bank and two ATM Cards of Axix Bank, two PAN cards, one driving license, one Delhi Metro card, key of vehicle, three land agreement papers and five non-judicial stamp papers were seized.
Based on the aforesaid allegations AHTU P.S. Case No. 07/2019 was instituted against Panna Lal Mahto and unknown others for the offences punishable under Sections 363 370A, 371, 374, 120B, 420/34 of the Indian Penal Code and Sections 16 and 18 of Bonded Labour System (Abolition) Act, 1908.
6. The Central Government vide F. No. 11011/24/ 2020/NIA dated 02.03.2020 of Ministry of Home Affairs, CTCR Division, New Delhi had handed over the investigation to the National Investigation Agency and AHTU P.S. Case No. 07/2019 was re-registered as RC-09/ 2020/NIA/DLI u/s 363, 370(3)(4)(5)(6), 370(A), 371, 374, -3- 120B, 420/34 of the Indian Penal Code and Sections 16 and 18 of Bonded Labour System (Abolition) Act, 1908. On completion of investigation the NIA had submitted the First Supplementary charge-sheet against Panna Lal Mahto, Gopal Oraon @ Gopal and others u/s 120B, 370(2)(3)(4)(5), 370A, 371, 374, 376, 420/34 of the Indian Penal Code, Section 6 and 12 r/w Section 25 of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Section 79 of Juvenile Justice (Care and Protection) Act, 2015.
7. Mr. Jitendra S. Singh, learned counsel for the appellant in Criminal Appeal (D.B.) No. 398 of 2021 has submitted that the appellant is not named in the First Information Report and has been implicated on the basis of the confessional statements of PannaLal Mahto and others. It has been submitted that the appellant was merely a paid employee of Panna Lal Mahto and even in the 164 Cr.P.C statements of the victim girls it is abundantly clear that the appellant was not involved in human trafficking. The appellant used to collect monthly payments from the employers, where the girls were employed by Panna Lal Mahto. Mr. Singh has submitted that the appellant is in custody since 06.12.2020.
8. Mr. A.K. Das, learned Special P.P. for the NIA while opposing the prayer for bail of the appellant Gopal Oraon in Criminal Appeal (D.B.) No. 398 of 2021 has submitted that the appellant was closely associated with Panna Lal Mahto for the last ten years. The appellant is the owner of M/s. Laxmi Placement Service and the Manager of M/s. Birsa Security & Placement and the appellant and Panna Lal Mahto were the first Directors of M/s. Secure Luck Consultancy Private Limited. Mr. Das, has also drawn the attention of the Court to the antecedents of the appellant which are three in number. The close association of the appellant with Panna Lal Mahto for decades reveals -4- the nexus of such operations and the involvement of the appellant in human trafficking. Mr. Das has also submitted that after framing of charge some witnesses have been examined and there is every possibility of the trial being concluded in the near future.
9. Mr. Gaurav, learned counsel for the appellant Panna Lal Mahto in Criminal Appeal (D.B.) No. 441 of 2022 has submitted that none of the victims have alleged against the appellant of alluring or inducing them to be taken to Delhi. It has been submitted that the documents seized from the possession of the appellant does not criminate him of being involved in human trafficking. The appellant runs a placement agency which is registered as a commercial establishment under the Delhi Shops and Establishments Act, 1954 and the nature of business is to provide employment as domestic help to the poor and poverty stricken family. It was the victims who had come to the placement agency of the appellant in search of work and such facts would not make out a case of human trafficking against the appellant.
10. Mr. A.K. Das, learned Special P.P. for the NIA opposing Criminal Appeal (D.B.) No. 441 of 2022 has highlighted the manner in which poor tribal girls are trafficked by the appellant and how they are sexually exploited. Mr. Das has based such submission on the statement of the victims. The appellant in his early days was involved in trafficking of minor girls for Bijay Consultancy but had subsequently formed his own group with Sunita Devi @ Sunita Kumari and had by his illegal and immoral acts earned a huge amount of money as commission. He has submitted that huge properties have been acquired by the appellant at Delhi and elsewhere. Mr. Das has also submitted that the appellant is involved in 14 cases of similar nature.
-5-11. We have considered the rival submissions and have also perused the various affidavits on record.
12. In the First Supplementary charge-sheet the appellant Gopal Oraon @ Gopal in Criminal Appeal (D.B.) No. 398 of 2021 has been arrayed as A-3 and the findings in course of investigation has been recorded at para 17.17 which reads as follows:
"17.17: Offences established against accused Gopal Oraon @ Gopal (A-3) in the instant case:
A-3 was a close associate of A-1 & A-2 and had criminally conspired in running a human trafficking network in the guise of placement agencies in Delhi. A-3 used to manage this racket by using fraud, deception, abuse of power and inducement. It is established that A-3, along with A-2 used to collect the monthly payments from the employers. It is also established that A-3, criminally conspired with A-1 and A-2 and he became the owner of Laxmi Placement Service and got the said placement agency registered but not got the license made. A-3 also worked as manager of the Birsa Security & Placement service. Further it is also established that A-3, along with A-1 was one of the Director & Share holder of Secure Luck Placement Agency, and never got the victims registered, as per the established law. A-3 also used to use his bank account for rotation of the illegal income of A-1 & A-2. It is established that A-2 was not paying salaries to the victims. Therefore, Gopal Oraon @ Gopal has committed offences under Sections 120B, 363, 370(2)(3)(4)(5), 370A, 371, 374, 420/34 of the Indian Penal Code. Section 6 & 12 r/w Section 25 of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Section 79 of Juvenile Justice (Care and Protection) Act, 2015."
13. The appellant Gopal Oraon is alleged to have conspired with Panna Lal Mahto and Sunita Kumari in running a human trafficking network in the guise of placement agencies. Primarily the appellant used to collect monthly payment from the employers and used his Bank account for rotation of the illegal income of Panna Lal Mahto and Sunita Kumari. There is nothing to indicate that -6- the appellant was directly involved in human trafficking and seems to have acted as a collection agent for Panna Lal Mahto. The appellant is in custody for more than two years.
14. Regard being had to the above, while setting aside the order dated 27.11.2021 passed by Sri Madhuresh Kumar Verma, learned Additional Judicial Commissioner- XVI-cum-Special Judge NIA, Ranchi in Misc. Criminal Application No. 419/2021 the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-XVI-cum-Special Judge NIA, Ranchi in connection with Misc. Criminal Application No. 419/2021.
15. Accordingly, Criminal Appeal (D.B.) No. 398 of 2021 is allowed.
16. The appellant Panna Lal Mahto in Criminal Appeal (D.B.) No. 441 of 2022 has been arrayed as A-1 in the First Supplementary charge-sheet. In course of investigation it has surfaced that 22 victims were identified out of whom 09 were recovered. All the victims belonged to far flung areas of Jharkhand and were poverty stricken and under privileged. The appellant is the king pin in the entire racket of human trafficking existing in the State of Jharkhand which can be quantified from the findings recorded in the First Supplementary charge-sheet against the appellant which reads as under:
"17.15 Offences established against accused panna Lal Mahto @ Panna Lal Ganjhu @ Palla Lal (S-1): It is established that A-1 was running a human trafficking network in the guise of placement agencies in Delhi and used to traffic poor and innocent persons (including minors) from different districts of Jharkhand on the pretext of providing them jobs in Delhi and further traffic them to different states. A-1 had criminally conspired with A-2, A-3 and A-4 and registered three placement agencies in the names of A-3 and -7- A-4 but never got the victims registered in the placement Agencies, as per the established law. A-1 was involved in trafficking by using fraud, deception, abuse of power and inducement. Further, investigation has also established that from the earning of this illegal Human trafficking racket, A-1 amassed several movable and immovable properties in Delhi and other states. It is also established that A-1 had sexually assaulted a minor victim, Jambi Tiru. It is established that A-1 was not paying salaries to the victims and had forced them to work against their will. Therefore, Pannal Lal Mahto @ Panna Lal Ghanjhu @ Panna Lal (A-1) had committed offences under Section 120B, 363, 370(2)(3)(4)(5), 370A, 371, 374, 376, 420/34 of the Indian Penal Code. Section 6 & 12 r/w Section 25 of Inter-
State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Section 79 of Juvenile Justice (Care and Protection) Act, 2015."
17. The appellant had acquired landed properties through his illegal earnings a description of which has been given in para 17.3.1 of the First Supplementary charge- sheet. Various accounts of the appellant and Sunita Kumari (A-2) have been unearthed in course of investigation which further fortifies the allegation of earning ill-gotten money from human trafficking. The appellant also seems to have several antecedents of similar nature. The evidence of the witnesses including the victims supports the allegation against the appellant. One of the victims has stated about the manner in which she was sexually exploited. The victims on the promise of a better life have instead being led by the appellant to the dungeons of darkness, seemingly oblivious to the apathy of such victims, the sole purpose being of financial gains. Human trafficking is one of the worst forms of crime and as the investigation suggests the appellant seems to have mastered such inhuman craft.
18. We thus on consideration of the entire facts of the case decline to interfere in the impugned order dated -8- 18.04.2022 passed in Misc. Criminal Application No. 288/2022 by Sri Madhuresh Kumar Verma, learned Additional Judicial Commissioner-XVI-cum-Special Judge NIA, Ranchi and this appeal is therefore dismissed.
(Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) Alok/-