Asim Shariff Vs National Investigation Agency (Supreme Court of India)
The Supreme Court considered an appeal filed by the fifth accused in a criminal case registered as RC 04/16-NIA-HYD involving allegations under the IPC, Arms Act, and the Unlawful Activities (Prevention) Act, 1967 (UAP Act). The appellant sought discharge from the proceedings after the trial court and High Court declined to do so. The case originated from a murder reported on 16 October 2016 based on the complaint of a witness who stated that an assailant riding pillion on a motorcycle hacked the victim, who was later declared dead at the hospital. Initially, four accused were arrested on 27 October 2016, and the appellant was arrested shortly after on 2 November 2016. The investigation was transferred to the National Investigation Agency (NIA) on 7 December 2016, which subsequently registered its own FIR against all five accused persons.
The appellant sought discharge under Section 227 of the Code of Criminal Procedure, stating that there was no evidence against him, that numerous witnesses cited in the charge sheet made no allegations implicating him, and that the remaining witnesses were associated with mahazar proceedings or provided only technical information such as bank and call data records. The appellant argued that the prosecution case was based solely on suspicion, that no incriminating material had been recovered from him, and that the allegation of conspiracy was unsubstantiated. He also contended that the prosecution wrongly suggested that the incident occurred on Vijayadashmi to influence the court and that no accused was associated with any banned organisation, making invocation of the UAP Act unwarranted.
