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4) In said FIR dated 16.05.2019 it was also alleged that United Liberation Front of Assam (Swadhin) [in short, ULFA (Independent) or ULFA (I)], an extremist group caused the incident, Page No.# 3/11 whereby they tried to kill peace loving people. In said Geetanagar P S Case No. 210/2019 the appellant was arrested on 27.05.2019 and is in custody till date.

5) The Government of India by order dated 24.06.2019 handed over the investigation of said Geetanagar P.S. Case to the National Investigating Agency (NIA, in short) and on 26.06.2019 it was re-registered and numbered as NIA Case No. RC.04/2019/NIA/GUW. On completion of the investigation of said Case, NIA submitted the charge-sheet before the Special Judge, NIA, Assam, Guwahati vide C.S. No. 03/2019 dated 11.11.2019 against 10 (ten) numbers of accused persons in the case under different Sections of law, including the appellant under Sections 120B/121/121A IPC read with Sections 18/38/39 of the Unlawful Activities (Prevention) Act, 1967.

18) Mr. Kamar, learned Senior counsel placed before the Court that the appellant is a meritorious student completed his M.Sc. Degree, pursuing M.Phil, was preparing for his IFS Exam, was a best debator in Science Debate competition, was selected as a Project Scientist in Assam Science Technology and Environment Council, participated in BRICS, 2016 representing India as an NSS Volunteers under the Government of India, Ministry of Youth Affairs and Sports and does not have any criminal antecedent. But for the first time he has been implicated in the present case. Mr. Kamar stated that NIA also failed to found any incriminating material against the appellant except alleging that he has provided logistic support to the cadres of ULFA (I) by providing transportation to ULFA (I) Cadre. Mr. Kamar also stated that NIA has only alleged that the appellant has actively participated in the reconnaissance of the targets with the ULFA (I) Cadre and that he actively associated with the conspiracy to commit terrorist acts in pursuance with the goal of ULFA(I) with other co-accused, but NIA could not show and/or place any materials of such involvement of the appellant with any terrorist/extremist group.

23) Mr. Dilip Das, learned Senior counsel for the NIA, placed before the Court that the appellant belongs to banned ULFA cadre and was in the jungle with accused No. 1 Papu Koch Bokalial @ Bijay Asom @ Anvi @ Rajni, a hard core ULFA (I) cadre. Said Papu Koch was dispatched from the ULFA (I) camp in Myanmar by the ULFA (I) leaders to carry out the terrorist acts in the State of Assam in the month of April, 2019 and he was instructed to take the help of other co-accused of the case including the appellant Sanjib Talukdar and to proceed to Guwahati for carrying out the terrorist acts.

26) Mr. Das, also stated that the protected witness in his statement under Section 164 CrPC stated about the involvement of the appellant in the case and also stated that the appellant was involved in bringing the accused Papu Koch to Guwahati.

27) Mr. Das stated that the incident occurred on 15.05.2019 and there were sufficient communication between the appellant and the accused Papu Koch prior to the incident which indicates his involvement in the case.

28) Mr. Das stated that the appellant may not be present at the time of executing the crime or may not have accompanied the other accused persons in executing the crime but the appellant was available with the accused Papu Koch prior to the incident and also thereafter and involved in the conspiracy. Mr. Das further stated that even the other accused persons of the case who accompanied the accused Papu Koch had telephonic conversations with the appellant before and after the incident and the appellant involvement in the case was as one of the over ground worker of the ULFA (I) who is an active supporter and activist of the said banned organization who maintained his link with other ULFA cadres carrying out subversive and antinational activities including terrorist acts who provided logistic support to the ULFA (I) cadres providing transportation to them and actively participated in the reconnaissance of the targets with ULFA (I) cadre. Being actively associated with the ULFA (I) cadre he is also involved with the conspiracy to commit terrorist acts in pursuance of the goals of the ULFA (I) with the other co-accused. Photograph of the appellant was found along with the accused Papu Koch Bokalial in operational activities and further with said Papu Koch and other ULFA (I) members in the jungle indicating Page No.# 8/11 that he was roaming with the ULFA members. He was also found in photographs in the uniform of ULFA (I) with fire arms in standing position aiming at something through the said fire arms indicating that he got training with ULFA (I) cadres in handling arms. Moreover, through a specific Facebook URL address the appellant was found communicating with other accused persons and other ULFA (I) cadres. Mr. Das submitted that during investigation it was also found that the appellant was using specific Facebook account as well as Gmail account to communicate with other ULFA members.