charge sheet no. 01/17 25-01-2017 - national...

CHARGESHEET: NIA CASE NO. RC-01/2016/NIA-GUW

CHARGE SHEET

(Under Section 173 Cr. PC)

IN THE COURT OF SPECIAL JUDGE, NIA, NAGALAND, DIMAPUR

1

Name of the Branch NIA Branch Office, Guwahati

FIR No year and date RC-01/2016/NIA-GUW,

Dated 18-08-2016

2 Final Report/Charge Sheet

No. CHARGE SHEET No. 01/17

3 Date 25-01-2017

4 Sections of Law

Section 384 of IPC, sections 25 (1B) of

Arms Act, Sections 7 and 8 of NSR, Sec

13 of Drugs and cosmetics Act and

sections 10 & 13 of UA (P) Act .

5 Type of Final Report Charge sheet

6

If Final Report Un-occurred/

false/ Mistake of

fact/Mistake of law/Non-

Cognizable /Civil Nature

Not Applicable

7 If Charge-sheeted: Original /

Supplementary Original

8

Name of Investigating Officer

Jasveer Singh, Dy. Superintendent of

Police, NIA Branch office, Guwahati


9 Name of the Complainant/

Informant

Major Ghanshyam, 3 NH, Assam Rifles,

Kohima, Nagaland

10

Details of Properties

/Articles/ Documents

recovered/seized during the

investigation and relied upon

XXXXXXXXXX

11. Particulars of accused person charge sheeted:

Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi @ S.Khetoshe

Sumi @ Ikhemu @ H.K Assumi

(A-1)

Name Khetoshe @ Sahevi Khetoshe Sumi

@ S.K Assumi @ S.Khetoshe Sumi @

Ikhemu @ H.K Assumi

(hereinafter referred as A-1)

Whether verified Yes

Father’s Name Sh. Sahevi

Year/Date of Birth 12/02/1974

Sex Male

Nationality Indian

Passport No. NA

Place of issue NA

Date of issue NA

Religion Christian

Occupation He was an active member of NSCN(K)

which is an anti-talk faction of NSCN, a

proscribed terrorist organization under

UA (P) Act, and was appointed as

Finance In charge of Kohima by


NSCN(K). He was involved in large scale

extortion from individuals and

organizations including government

officials for NSCN(K) organization to

affect the security and integrity of

India.

Address (Present/ Permanent) He was presently residing at Y.Zhimo

Colony, Signal Basti, Dimapur,

Nagaland


Provisional Criminal No. NA

Regular Criminal No. (if known) NA

Date of Arrest 01.08.2016

Date of release on bail NA

Under Acts & Sections (of charge sheet) Sections 120B and 384 of IPC, Sec 25

(1A) and Sec 25 (1B) of Arms Act, and

Sections 17, 20, 38 and 40 of UA (P)

Act.

Name(s) of bailer / sureties and address NA

Previous convictions with case

reference

NA

Status of the accused Arrested on 01/08/2016 and presently

in Judicial custody at Central Jail,

Dimapur, Nagaland

Victo Swu @ V.K Sumi @ V.Sumi @ Z.Victo Swu @ Akuto @

V.Assumi

(A-2)

Name Victo Swu @ V.K Sumi @ V.Sumi @

Z.Victo Swu @ Akuto @ V.Assumi


(hereinafter referred as A-2)


Father’s Name Sh Zhuhevi Swu

Year/Date of Birth 15-05-1980

Sex Male

Nationality Indian

Passport No. NA

Place of issue NA

Date of issue NA

Religion Christian

Occupation He was an active member of NSCN(K)

which is an anti-talk faction of NSCN, a

proscribed terrorist organization under

UA (P) Act, and was involved in large

scale extortion from government officials,

businessmen for NSCN(K) organization to

affect the security and integrity of India.

Address (Present/ Permanent) Resident of H.no- 24, Jail Colony, P.S-

Kohima South, Kohima, Nagaland.




Date of Arrest 28.09.2016

Date of release on bail 08-12-2016

Under Acts & Sections (of charge sheet) Sections 120B and 384 of IPC, and

Sections 17, 20, 38 and 40 of Unlawful

Activities (Prevention) Act, 1967

Name(s) of bailer / sureties and address Smt Aloni G.Awomi d/o Ghokheto Awomi


r/o Village- Surumi, P.S – Suruhuto ,

Distt. Zunheboto, Nagaland

Present add :- H.no- 35, Valley view

Colony, Dimapur, Nagaland.


reference

NA

Status of the accused Arrested on 28-09-2016 and presently on

bail w.e f 08/12/2016 .

Isak Sumi @ Isac Sumi @ Isac Sema (A-3)

Name Isak Sumi @ Isac Sumi @ Isac Sema (hereinafter referred as A-3)


Father’s Name Sh. Hevito Chishi

Year/Date of Birth 22 Oct 1978

Sex Male

Nationality Indian

Passport No. NA

Place of issue NA

Date of issue NA

Religion Christian

Occupation He is the SS Finance Administrator of

NSCN(K) which is an anti-talk faction of

NSCN, a proscribed terrorist

organization under UA (P) Act and

holding the rank of SS Brigadier. He

in-tandem with other cadres of NSCN(K)

had conspired, planned and funded the


NSCN(K) cadres for illegal extortion and

tax collection for NSCN(K)., with the

intention to affect the integrity and

security of the Govt. of India.

Address (Present/ Permanent) Resident of Village Hoshepu, Agunato

Sub Division, Zunheboto, Nagaland



Date of Arrest Absconding

Date of release on bail NA

Under Acts & Sections (of charge sheet) Sections 120B & 384 of IPC, and

Sections 17, 20, 38 and 40 of Unlawful

Activities (Prevention) Act, 1967 as

amended.

Name(s) of bailer / sureties and address NA


reference

NA

Status of the accused Absconding

12. Particulars of accused persons not charge sheeted: Nil

13. (i) Particulars of witnesses examined : XXXXXXXXXX

(ii) List of documents : XXXXXXXXXX

(iii) List of material objects : XXXXXXXXXX

14. If FIR is false, action taken : Not false, allegations in the FIR are true

15. Result of laboratory analysis : As mentioned in Para 17

16. Brief facts of the case:

16.1 The instant case was originally registered as F.I.R No. 0090/16 dated

01.08.2016 at Sub Urban Police Station, Dimapur, Nagaland under section 384


of Indian Penal Code, section 25(1)(B) of Arms Act, Sections 10 & 13 of UA(P) Act,

Sections 7 and 8 of NSR and Section 13 of Drugs and cosmetics Act. The

complainant Major Ghanshyam of 3 NH, Assam Rifles, Kohima reported that a

special operation was launched by Assam Rifles on 30 July 2016 to apprehend

one NSCN(K) cadre who was self-styled Finance In charge of NSCN(K) and was

responsible for extortion of money from the civil population in Kohima and

Dimapur. He was apprehended at 0445 hrs on 31 July 2016 from Signal Basti,

Dimapur along with many incriminating documents related to extortion, tax

collection, ammunitions and drugs capsules. He was handed over to Sub Urban

P.S, Dimapur and was formally arrested by the said police station on 01-08-

2016.

16.2 Subsequently, in compliance of Ministry of Home Affairs, Government of India

Order No. 11011/23/2016-IS. IV dated 17th August 2016, The Government of

India, suo-moto directed the National Investigation Agency (N.I.A.) to take up

the investigation of aforementioned case. Accordingly, this case was re-

registered vide RC-01/2016/NIA/GUW on 18.08.2016 under section 384 of

Indian Penal Code, section 25(1)(B) of Arms Act, Sections 10 & 13 of UA(P) Act,

Sections 7 and 8 of Nagaland Security Regulation Act 1962 (NSR) and Section 13

of Drugs and cosmetics Act. During the course of investigation, sections 17 and

20 of UA(P) Act were added with the permission of this Hon’ble court.

16.3 Two accused persons namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi

@ S.Khetoshe Sumi @ Ikhemu @ H.K Assumi (A-1) son of Sh. Sahevi resident of

Y.Zhimo Colony, Signal Basti, Dimapur, Nagaland was apprehended by Assam

Rifles on 31-07-16 and was handed over to Nagaland Police on 01-08-2016 at

Sub Urban P.S Dimapur and formally arrested by Sub Urban Police Station on

01-08-2016 and another active cadre of NSCN(K) namely V.K Sumi @ V.Sumi @

Z.Victo Swu @ Akuto @ V Assumi (A-2) son of Sh.Zhuhevi Swu resident of H.no-

24, Jail Colony, P.S- Kohima South, Kohima, Nagaland was arrested on 28-09-

2016 from Kohima by the NIA in the instant case. Accused Khetoshe is in

Judicial Custody and presently lodged at Central Jail, Dimapur and accused

Victo Swu is on bail as per the orders of this Hon’ble court.

17 Facts Disclosed During Investigation:

17.1 The instant case was registered against the cadres and sympathizers of

proscribed terrorist organization i.e. National Socialist Council of Nagaland

(Khaplang), herein after referred to as NSCN(K) which is involved in criminal


conspiracy by indulging in illegal tax collection, thereby threatening the unity,

integrity and security of Union of India.

The National Socialist Council of Nagaland (Khaplang), is declared as a

proscribed terrorist organisation as per the Schedule of Unlawful Activities

(Prevention) Act 1967, and mentioned in Serial No. 39 of the first Schedule of

the aforementioned Act.

During the course of investigation, it is revealed that the NSCN(K) faction is

headed by S.S Khaplang who is SS Interim President of NSCN(K). The

Nationalist Socialist Council of Nagaland (NSCN) is a Naga Military organization

operating in Northeast India. The main aim of the organization is to establish a

sovereign state, "Nagalim" unifying all the areas inhabited by the Naga people in

Northeast India (Nagaland, Arunachal Pradesh, Manipur and Assam) and

Myanmar. NSCN was formed on 31st January 1980 by Isak Chishi Swu,

Thuingaleng Muivah and S S Khaplang opposing the Shillong accord signed by

the then Naga National Council (NNC) with the GOI. They formed a

Government-in-exile called, "The Government of People Republic of Nagaland

(Nagalim) or GPRN. Later, a disagreement surfaced within the outfit leaders

over the issue of commencing dialogue with the Indian Government.

On 30 April 1988, the NSCN split into two factions; the NSCN-K led by S S

Khaplang, and the NSCN-IM, led by Isak Chishi Swu and Thuingaleng Muivah.

The first cease-fire pact between NSCN (K) and GOI took place in the year 2002.

An annual agreement between the two parties kept extended and the last cease

fire was valid till 27th April 2015. However, the attack on personnel of Assam

Rifles on 26th March at Kohima was marked as abrogation of the cease-fire. In

the last decade it has emerged and engaged as one of the most vigorous and

dreaded terrorist groups among all the other UGs operating in the State of

Nagaland which has its base as one of the terrorist groups in unabated

terrorists’ acts against the sovereignty, unity and integrity of India.

17.2 During investigation it has been established that, the accused persons

namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi @ S.Khetoshe Sumi

@ Ikhemu @ H.K Assumi (A-1) and V.K Sumi @ V.Sumi @ Z.Victo Swu @ Akuto

@ V Assumi (A-2) were involved along with other co-accused person i.e Isac

Sumi @ Isak Sumi @ Isak Sema (A-3) of NSCN(K) and other accused persons in

the illegal tax collection and extortion from government offices , individuals and

business persons with an intent to support the NSCN(K) organization in its

illegal and anti-national activities.


17.3 Investigation has established that, the aforesaid accused persons namely, A-1,

A-2 and A-3 are the members of proscribed terrorist organization NSCN(K), as

the same has been established from the documents which were recovered and

seized from their houses, government offices etc.

17.4 During the course of the investigation it has been established that, the specific

part of the larger conspiracy relating to the instant crime was hatched by

accused A-1 and A-2 of NSCN (K), on the instructions of the A-3. During the

course of investigation, the existence and subsequent execution of this

conspiracy has been established through the Lawful interception of Mobile

number being used by the above mentioned accused persons A large number of

interceptions of mobile phone conversations among the above mentioned

accused persons proves that all the aforesaid accused persons conspired with

the other co-accused persons for illegal taxation from government offices at

Nagaland and individuals etc. for supporting the anti-national activities of

NSCN(K). The interceptions contain irrefutable evidence that A-3 orders other

field cadres including A-1 for committing the terrorist act by the way of illegal

tax collection for NSCN(K) organization.

17.5 Investigation has established that in pursuance of criminal conspiracy for

illegal tax collection, accused A-1. A-2 and A-3 had used Mobile numbers with

fake names by producing various forged documents and used the said Mobile

numbers for conspiracy of committing the offence in the instant case.

Therefore, it is well established that, accused A-1, A-2 and A-3 had obtained

Mobile numbers by producing forged documents as genuine in order to escape

from the law enforcement agencies.

17.6 Investigation has established that the mobile number used by A-3 was lawfully

intercepted by Technical Surveillance Unit, NIA HQ, New Delhi as authorized by

Home Secretary to the Government of India, New Delhi. An analysis of the

CDRs of the aforesaid Mobile numbers corroborates the conspiracy of illegal tax

collection of huge amounts done by them. The recorded lawful telephonic

conversations not only provide a graphic account of pre-meditated plan but also

confirms their resolve to achieve their targets as directed and well planned.

17.7 Investigation has established that accused (A-1) had worked as Finance Officer

for Kohima duly appointed by the chaplee ministry, NSCN(K) as the same was

established through an email which was sent by A-3 to all the editors of

newspapers in Nagaland for publishing the same in their newspapers but in

place of S.K Assumi it was printed as H.K Assumi. The same was informed by


A-3 to A-1 that the government departments will be informed about the same.

The said conversation was recorded in the lawful interception of mobile no.

used by A-3.

17.8 Investigation has established that accused A-1 and A-2 had extorted money

from the government officials at Nagaland as the same was established through

photo identification memo in which the government officials had identified the

arrested accused persons A-1 and A-2 to whom they had paid large amount of

money out of government funds.

17.9 Investigation has established the conspiratorial angle of this crime from variety

of sources. There was pre-meditation, common intention, meeting of minds

before committing the offence, preparation for the illegal tax collection, hiding of

ammunitions which were later recovered and seized from accused A-1.

17.10 Investigation has established that the seizure of incriminating documents

related to NSCN(K) and illegal tax collection seized during the searches of the

houses of accused A-1 and A-2 and the documents produced by government

officials further established the active role of accused A-1, A-2 and other co-

accused A-3 of NSCN(K) in the instant crime.

17.11 Investigation has established that the large scale illegal tax collection from

government offices was a well thought act of the present accused persons which

involved detailed conspiracy, planning and execution with an intention to

threaten the unity, integrity, and security of India.

17.12 During investigation, oral evidences in the form of witnesses, documentary

evidences, material evidences and technical evidence also established the

complicity of accused A-1, A-2 and A-3 of NSCN(K) in the instant crime.

17.13 During the course of investigation on 18-01-2017, many incriminating

documents related to illegal tax collection were seized from various government

offices at Kohima, Nagaland which clearly proves the involvement of the above

mentioned accused persons, absconding accused person/s in connivance with

government officials in the instant case. These documents will be submitted

later on in the instant case as the same are required to be sent to CFSL for

forensic analysis in the interest of case.

17.14 Thus, the Investigation establishes the prima facie prosecutable case against

the accused persons namely, Khetoshe @ Sahevi Khetoshe Sumi @ S.K Assumi

@ S.Khetoshe Sumi @ Ikhemu @ H.K Assumi (A-1) , V.K Sumi @ V.Sumi @

Z.Victo Swu @ Akuto @ V. Assumi (A-2) and Isak Sumi @ Isac Sumi @ Isak


Sema ( A-3) under the penal provisions of IPC, UA(P) Act and Arms Act, who

had raised funds for a terrorist organization for committing a terrorist act

through illegal tax collection and extorted money from government offices to

support the banned organization NSCN(K) in anti-national activities.

17.15 Thus, the Investigation in respect of other accused persons and also who are

presently absconding in the instant case could not be completed at this stage of

investigation. Therefore, further investigation needs to be continued in the

instant case u/s 173(8) of Cr.P.C to ascertain and adduce more evidences

against the above said accused persons and also to arrest and prosecute the

other accused persons in the instant case.

18 CHARGE :

Accused Sections of law under which prosecution

have been recommended

Khetoshe @ Sahevi Khetoshe Sumi @

S.K Assumi @ S.Khetoshe Sumi @

Ikhemu @ H.K Assumi (A-1) –

Arrested and presently in JC, at

Central Jail, Dimapur

120B and 384 of IPC, sections 25 (1A) & 25

(1B) Arms Act, and sections 17, 20, 38 and 40

of UA (P) Act.

V.K Sumi @ V.Sumi @ Z.Victo Swu @

Akuto @ V Assumi (A-2) – Arrested

and presently on bail.

120B and 384 of IPC and sections 17, 20, 38

and 40 of UA (P) Act.

Isak Sumi @ Isac Sumi @ Isak Sema

( A-3)- Absconding

120B and 384 of IPC and sections 17, 20, 38

and 40 of UA (P) Act.

18.1 The sanction for prosecution under Section 45(1) of The Unlawful Activities

(Prevention) Act, 1967 has been obtained from the competent authority and

same is enclosed herewith.

18.2 The sanction for prosecution under Section 196 of Cr.P.C has been obtained

from the competent authority and same is enclosed herewith.

18.3 The sanction for prosecution under Section 39 of Arms Act has been obtained

from the competent authority and same is enclosed herewith.

18.4 All the aforesaid offences have been committed within the jurisdiction of this

Hon’ble Court. Hence, this Hon’ble Court has got jurisdiction to try the above


offences.

18.5 It is, therefore, prayed that this Hon’ble court may be pleased to take cognizance

of the offences as mentioned above against each of the aforesaid accused persons

and issue process to them to stand trial and punish the accused persons in

accordance with law.

20. No. of enclosures : 03

21. List of enclosures : XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

Jasveer Singh

Dy. Superintendent of Police Chief Investigating Officer

NIA Branch Office : Guwahati

Forwarded by

(Debajit Hazarika, IPS) Superintendent of Police NIA Branch Office : Guwahati

Vetted and signed by