Court : Rajasthan
..... this criminal appeal under section 21 of national investigation agency act, 2008 has been filed against the order dated 07.05.2011 passed by the special judge, national investigation agency, rajasthan, jaipur whereby the application (no.47/2011) for bail filed by the accused-appellant had been rejected. 2. ..... later on an application for grant of bail came to be filed by the accused-appellant before the special judge, jaipur, under the national investigation agency act, 2008, primarily on the ground that he is entitled for bail under section 167 (2) cr.p.c. ..... we have given our anxious and thoughtful consideration to the submissions made by the learned counsels for the rival parties and carefully perused the provisions of the national investigation agency act, 2008 as well as the unlawful activities (prevention) act, 1967, as amended in the year 2008. ..... on the other hand, counsels appearing for prosecution have submitted that so far as the order of extension of time, for filing of challan by the investigation agency, passed by the learned chief judicial magistrate is concerned, the same was passed on 19.04.2011 at a time when a special court under the national investigation agency act, had not been constituted and the same came into existence only on 26.04.2011. ..... thereafter, during the pendency of the investigation, which commenced after lodging of the said report, the case was handed over to the national investigation agency, new delhi by government of india, vide order dated 01.04.2011 .....
Tag this Judgment!Court : Karnataka
..... an appeal under section 21 of the national investigation agency act, 2008 shall be maintainable before the division bench of the high court only against an interlocutory order granting or refusing to 22 grant bail passed by the special court under national investigation agency act, 2008.20. ..... in order to appreciate the rival contentions raised in this appeal regarding maintainability it would be necessary to note section 20 and 21(1) of the national investigation agency act, 2008, which has been pressed into service and it reads:"20. ..... no appeal shall lie under section 21 of the national investigation agency act, 2008 against an order passed under section 20 of the act. ..... or (2) whether appeal lies under section 21 of the national investigation agency act, 2008 against an order passed on an interlocutory application filed under section 20 of the act?. ..... an interlocutory application rejected by the special court vide order dated 22.02.2021 would not give rise to filing of an appeal under section 21 of the national investigation agency act, 2008. ii. ..... hence, we are of the opinion that following question requires to be adjudicated by a larger bench: (1) whether an interlocutory application filed and dismissed by a special court would give rise to filing of an appeal under section 21 of the national investigation agency act, 2008?. .....
Tag this Judgment!Court : Delhi
..... justice brijesh sethi judgment siddharth mridul, j1 the present appeal under section 21(4) of the national investigating agency act, 2008 (hereinafter referred to as the nia act ) read with section 439 of the code of criminal procedure, 1973 (hereinafter referred to as the cr.p.c. ..... thereafter, the investigation was transferred to national investigating agency (hereinafter crl.a.1264/2018 page 2 of 23 referred to as nia ) and it registered the case on 24.04.2011. ..... amit sharma, learned counsel appearing on behalf of the nia has invited our attention to the decision of the hon ble supreme court in national investigation agency vs. ..... appellant versus national investigating agency ..... ..... to wit, soon after the arrest of the accused on the basis of the fir registered against him, but before filing of the charge-sheet by the investigating agency; after filing of the first charge-sheet and before the filing of final charge-sheet investigation under section consequent the supplementary or to further crl.a.1264/2018 page 18 of 23 173(8) crpc, until framing of the charges or after framing of the charges by the court and recording of evidence of key witnesses, etc. ..... that opinion must be reached by the court not only in reference to the accusation in the fir but also in reference to the contents of the case diary and including the charge-sheet (report under section 173 crpc) and other material gathered by the investigating agency during investigation.26. .....
Tag this Judgment!Court : Karnataka
..... (prayer: this criminal appeal is filed under section 21(4) of national investigation agency act, 2008 praying to set aside the order dated 3.4.2013 passed in spl. ..... civil and sessions judge, bangalore in crime no.384/2012 registered in basaveswaranagar police station, bangalore, which is later investigated by national investigation agency ('nia' for short). 2. ..... and sessions judge, bangalore city in crime no.384/2012 registered in basaveswaranagar police station, bangalore city which is later investigated by national investigation agency, hyderabad.) 1. ..... extended period of remand upto 180 days from the date of 1st remand by the learned magistrate in case of arrested accused in crime no.384/2012.625.11.2012national investigation agency took over investigation and re-registered the case as rc 4/2012/nia/hyd.77.2.2013appellant/accused no.25 filed an application for bail under section 439 cr.pc before the trial court in spl.cc no.52/2013, which came to be dismissed on merits and later confirmed by this court.820.2.2013nia filed charge ..... before the 1st additional chief metropolitan magistrate and was remanded to police custody till 19.11.2012.316.11.2012government of india passed an order to transfer the case registered in basaveswaranagar police station to nia for investigation.422.11.2012the public prosecutor filed an application under section 43d(2)(b) of the unlawful activities (prevention) act, 1967 to extend the period of investigation from 90 days to 180 days.524.11.2012the prl. .....
Tag this Judgment!Court : Supreme Court of India
..... aggrieved by the aforesaid orders dated 12th december, 2017 & 18th january, 2018, the accused respondent(a 3) filed appeal under section 21 of the national investigation agency act, 2008 before the high court. ..... appeals have been filed against the judgment dated 12th september, 2018 passed by the high court of judicature at madras granting bail in default to the accused respondent after setting aside the order dated 12th december, 2017 and 18th january, 2018 passed by the special court(under national investigation agency act, 2008), chennai holding that the detention of the accused/respondent for a further period of 1 90 days was not in compliance of section 43d(2)(b) of the unlawful activities(prevention) act ..... , 1967(hereinafter being referred to as ( uap act, 1967 ) 3. ..... 9783 9784 of 2018) state by the superintendent of police, national investigation agency, kochi ..appellant(s) versus shakul hameed ..respondent(s) judgment rastogi, j.leave granted.2. ..... the national investigating agency, new delhi registered a case no.r.c. .....
Tag this Judgment!Court : Delhi
..... this is an appeal under section 21(4) of national investigation agency act, 2008 ( nia act ) filed by the appellant ..... government of india having received information that the accused no.1 and 2 had conducted negotiations for purchase of arms and ammunitions and deposited money in a foreign bank account, had directed the national investigation agency (nia) to crl. a. ..... sharma, mr.shobhit k singh, mr.varsha ranjan and ms.tripti tandon, advocates mr.nikhil versus national investigation agency ..... ..... with the prosecution evidence in any manner and will not contact the witness; b) he shall regularly appear before the special court on each and every date of hearing; c) he shall report the investigating officer, nia police station once in every two weeks and will not be detained for more than 30 minutes; d) he shall not leave the country ..... colliery, it goes that the high court while hearing an appeal under section 21(4) of the nia act is also to abide the additional condition imposed while ..... , the appellant is not a member of any terrorist gang as defined under section 2(1)(l) or a terrorist organization as defined under section 2(1)(m), or a of any unlawful association as defined under section 2(1)(p) of the unlawful activities (prevention) act, 1967 ( uapa ).5. ..... wherein the state had preferred an appeal from the order of the high court granting bail to the respondent accused of the offences under various provisions of the indian penal code, 1860, explosive substances act and the uapa .....
Tag this Judgment!Court : Delhi
..... garg sanjiv khanna, j.this order disposes of this appeal under section 21(1) of the national investigation agency act, 2008 (nia act, for short) read with section 482 of the code of criminal procedure, 1973 ..... december, 2012 % national investigation agency ....appellant through mr ..... considered the contention and find merit in what is submitted and stated by additional solicitor general, on behalf of national investigation agency. ..... ) and article 227 of the constitution of india, filed by the national investigation agency. ..... of the aforesaid position, we allow the present appeal and set aside paragraph 24 of the impugned order, discharging the respondent and holding that there is no ground or material to frame charge under sections 121, 121a, 122 and 123 ipc. ..... it is seen that the first limb of section 3(1) of potawith intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature or by any other ..... the same impugned order, the learned additional sessions has directed framing of charges under sections 120b/440/436/302/307/325/323 ipc and section 4 of explosive substance act, 1908 and sections 16, 18, 20, 38, 39 of unlawful activities (prevention) act, 1967. .....
Tag this Judgment!Court : Delhi
..... the appellant has filed the present appeal under section 21 (4) of the national investigation agency act, 2008 impugning the order dated 10.06.2016 passed by the district and sessions judge (special judge, nia) in rc-14/2015/nia/dli arising from an fir under section 125 of the indian penal code, 1860 and sections 18, 18-b, 38 and 39 of the unlawful activities (prevention) act, 1967 [in short the ua (p) act ]. ..... national investigation agency, manu/de/3209/2016:2016. ..... versus national investigation agency ..... ..... in relation to a case involving an offence punishable under this act subject to the modification that in sub-section (2), (a) the references to fifteen days , ninety days and sixty days , wherever they occur, shall be construed as references to thirty days , ninety days and ninety days respectively; and (b) after the proviso, the following provisos shall be inserted, namely:-"provided further that if it is not possible to complete the investigation within the said period of ninety days, the court ..... is 60 or 90 days depending on the offence for which investigation is pending and under an offence under the ua (p) act would be 90 days unless an application under the proviso added by section 43d (2) (b) is made and allowed. ..... admittedly, the respondent sought extension of the period of investigation of the appellant beyond the period of 90 days to 180 days, by filing an application which was supported with a report of the public prosecutor under section 43d (2) (b) of the ua (p) act. .....
Tag this Judgment!Court : Kerala
..... appeal is filed invoking section 21 of the national investigation agency act, 2008, for short, "nia act ..... section 2(1)(a) of the nia act defines the term "agency" to mean the national investigation agency constituted under section 3 of that act ..... aforesaid leads to the resultant conclusion that any judgment, sentence or order of the sessions court which exercises jurisdiction in terms of sub-section 3 of section 22 of the nia act is to be treated as one made by a court competent as a special court until the trial gets transferred to a special court ..... therefore, notwithstanding anything contained in the code of criminal procedure, a case of any offence specified in the schedule of the nia act can be tried only by a special court constituted by the central government under section 11 or a special court constituted by the state government under section 22(1) of that act and in the absence of and until a special court is constituted by the state government, the jurisdiction to try such an offence is exclusively with the ..... of that court of session granting or refusing bail is appealable under section 21(4) of the nia act notwithstanding anything contained in sub-section (3) of section 378 of the code of criminal procedure. ..... appeal, the case was handed over for investigation to the central bureau of investigation, "cbi", for short, governed by the provisions of the delhi special police establishment act ..... rise to three issues: i.is the impugned order appealable under section 21 of the nia act? .....
Tag this Judgment!Court : Delhi
..... the present appeal under section 21 (4) of the national investigation agency act, 2008, assails the order dated 12th july, 2018, in case no.9378/2018, titled as ..... appearing on behalf of the appellant invites our attention to the statement, under section 161 of the code of criminal procedure (hereinafter referred to as cr.pc ), 1973, made by mohammad saquib khan, cited as a prosecution witness in the trial, which is underway, to urge that the same does not in any manner disclose the commission of any offence within the meaning of the provisions of unlawful activities (prevention) act, 1967 (hereinafter referred to as uap act ).3. ..... at the outset, we must observe that the relevant provision of the uap act, in relation to the grant or release on bail to an accused person is enunciated as a non-obstante clause, which clearly and unequivocally postulates that, if the court is of the opinion that, there are reasonable grounds for ..... furthermore, a perusal of the report under section 173 cr.pc filed against the appellant and the circumstance that, he was declared a proclaimed offender in the present proceedings, as well as, his propensity to furnish fabricated documents, suffice in our view to believe that, he represents a ..... case, it is an admitted position that the appellant is standing trial pursuant to the charges being framed against him under sections 18, 18-b and 20 of the uap act. ..... provision stipulates that the restrictions contained in section 437 (1) cr.pc, are also applicable. .....
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