Gauhati High Court
Page No.# 1/6 vs Association For Extensive Growers ... on 13 February, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/6
GAHC010234342024
2025:GAU-AS:1605-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No: I.A.(Crl.)/1102/2024
NATIONAL INVESTIGATION AGENCY
GUWAHATI ZONE
VERSUS
ASSOCIATION FOR EXTENSIVE GROWERS INNOVATIVE SERVICE AEGIS
HAVING ITS HEAD AND REGISTERED OFFICE AT MATAI LUWNGSANGBAM
IMPHAL 795002
REPRESENTED BY ITS SECY. N BOMI SINGH
------------
Advocate for : RANJIT KUMAR DEV CHOUDHURY
Advocate for : appearing for ASSOCIATION FOR EXTENSIVE GROWERS
INNOVATIVE SERVICE AEGIS
Linked Case : I.A.(Crl.)/131/2025
THE STATE THROUGH NATIONAL INVESTIGATION AGENCY NIA
NIA GUWAHATI
VERSUS
ASSOCIATION FOR EXTENSIVE GROWERS INNOVATIVE SERVICE AEGIS
HAVING ITS HEAD OFFICE AT MATAI LUWNGSANGBAM
Page No.# 2/6
IMPHAL-795002
REPRESENTED BY ITS SECRETARY N BOMI SINGH
------------
Advocate for : RANJIT KUMAR DEV CHOUDHURY
Advocate for : appearing for ASSOCIATION FOR EXTENSIVE GROWERS
INNOVATIVE SERVICE AEGIS
Linked Case : Crl.A./257/2013
ASSOCIATION FOR EXTENSIVE GROWERS INNOVATIVE SERVICE AEGIS
HAVING ITS HEAD AND REGISTERED OFFICE AT MATAI LUWNGSANGBAM
IMPHAL 795002
REPRESENTED BY ITS SECY. N BOMI SINGH
VERSUS
THE STATE THROUGH NATIONAL INVESTIGATION AENCY NIA
------------
Advocate for : MRSSHEELA KH.
Advocate for : appearing for THE STATE THROUGH NATIONAL INVESTIGATION
AENCY NIA
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 13.02.2025
(K.R. Surana, J)
Heard Mr. D.K. Das, learned senior counsel, assisted by Mr. B.
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Bhardwaj, learned counsel, who appeared on instruction of Mr. R.K.D.
Choudhury, learned DSGI. Also heard Mr. B. Prasad, learned, who appeared on
instruction of Mr. M.G. Singh, learned counsel for the respondent.
2. The learned senior counsel for the applicant has submitted that I.A.
(Crl.) 1102/2024 was filed on 07.11.2024. Subsequently, upon noticing some
additional errors, I.A.(Crl.) 131/2024 was filed on 13.02.2025. Therefore, the
learned counsel for the applicant has requested that, as both interlocutory
applications pertain to the same appeal, a common order may be passed in
respect of these two interlocutory applications.
3. Accordingly, the Court is inclined to pass a common order in these two
interlocutory applications.
4. These interlocutory applications have been filed for correction of
certain typographical errors, which has crept in the judgment and order dated
23.09.2024, passed by this Court in Crl.A. No. 257/2013.
5. At the outset, the learned senior counsel for the applicant has
submitted that if the prayer made in this interlocutory application is allowed, it
would not touch upon the merit of the judgment and order and would only cure
the judgment of typographical errors, which do not have the effect of altering
the substance of the judgment and order.
6. The learned senior counsel for the applicant has submitted that the
following further typographical errors have crept in the said judgment:
(a) In the table of appearing advocates for the appellant as well as in
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the first paragraph of the judgment, the counsel stated to have been
appeared for the appellants is shown as "Mr. D.K. Mishra, learned
senior counsel, assisted by Mr. B. Prasad, learned counsel for the
appellant", which is incorrect. Accordingly, the learned counsel for the
name of learned counsel appearing for the appellant is substituted with
"Mr. M.G. Singh, learned counsel along with Mr. Raj Sekhar, learned
counsel for the appellant".
(b) In paragraph-2, the reference to "under section 25 of the Unlawful
Activities (Prevention) Act, 1967" was erroneously made instead of
under section 25(1) of the Unlawful Activities (Prevention) Act, 1967.
Accordingly, "under section 25 of the Unlawful Activities (Prevention)
Act, 1967" appearing in paragraph-2 shall now be read as "under
section 25(1) of the Unlawful Activities (Prevention) Act, 1967".
(c) In paragraph-2, in the last line, it was stated as "Aggrieved by the
said orders, the present appeal has been filed by the appellant under
section 25(6) of the UA(P)A", which is erroneous. Accordingly, the said
part of the sentence appearing in last line of paragraph-2 is substituted
as "Aggrieved by the order dated 26.07.2013, passed by the learned
Special Judge, NIA, Assam in Misc. Case No. 8/2013 in Special NIA
Case No.1/2010, ordering for the forfeiture of the attached properties
of the appellant, the present appeal has been filed by the appellant
under section 28 of the UA(P)A".
(d) In paragraph-6, there are two reference to the date "11.11.2010",
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which was erroneously made instead of "11.11.2011". Accordingly, the
date of "11.11.2010" appearing at two places in paragraph-6 shall now
be read as "11.11.2011".
(e) In paragraph-14, in the last line, it was stated as " Therefore, the
appeal is held to be maintainable on facts and in law as provided under
section 26 of the UA(P)A", which is erroneous. Accordingly, the said
sentence is substituted as "Therefore, the appeal is held to be
maintainable on facts and in law as provided under section 28 of the
UA(P)A".
(f) In paragraph-27, the reference to "Rakesh Kumar Jain" was
erroneously made instead of "N. Holland Singh". Accordingly, the name
of "Rakesh Kumar Jain" appearing in paragraph-27 shall now be read
as "N. Holland Singh".
(g) In paragraph-37, the reference to "GEGIS" was erroneously made
instead of "AEGIS". Accordingly, the word "GEGIS" appearing in
paragraph-37 shall now be read as "AEGIS".
7. In the judgment and order, in the list of appearing counsel, the name
of "Mr. D. Choudhury", learned counsel for the N.I.A. is mentioned, which is
erroneous, which should be read as "Mr. D. Bharadwaj". Accordingly, the name
of "Mr. D. Choudhury" is substituted with "Mr. D. Bharadwaj".
8. Accordingly, this interlocutory application stands allowed and disposed
of.
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9. This order shall be read together with judgment and order dated
23.09.2024 passed in Crl.A. 257/ 2013.
JUDGE JUDGE
Comparing Assistant
