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 : Delhi
..... justice anu malhotra judgment(oral) gita mittal, j1 the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 ( nia act hereafter) assailing an order dated 10th june, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under section 167(2) of the code of criminal procedure of the appellant was dismissed.2. ..... versus national investigation agency ..... ..... a.600/2016 page 1 of 11 investigation agency being fir rc no.04/2016/nia/dli under section 120b of the ipc and section 18, 18a, 18b of the unlawful activities (prevention) act, 1967 3. ..... in view of the above stated facts and under provisions of section 43(d)(2)(b) of ua(p) act, 1967 (as amended in year 2008), period of investigation and judicial custody of accused namely 1, sheikh azhar ul islam, 2. ..... be that as it may, in as much as the period for investigation stands extended by the special court, nia, we find that on 22nd april, 2016, while considering the first application which was filed for the extension for the period of investigation under section 43d{(2)b} of the unlawful activities (prevention) act, the court had ruled that the application stands allowed . .....
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
..... the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 ( nia act hereafter) assailing an order dated 23rd may, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under section 167(2) of the code of criminal procedure of the appellants ..... relate to a case registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18/18b/of the unlawful activities (prevention) act, 1967 3. ..... national investigation agency ..... national investigation agency ..... page 6 of 9 23rd may, 2016 entitling the appellants to be discharged on bail upon failure of the investigating agency to file the charge sheet.14. ..... the report which was filed by the public prosecutor under section 43d{2(b)} of the ua(p) act pointed out the fact that investigation was underway and that it required inquiries in different parts of this country as well as abroad and could not be, ..... of section 43d{(2)b} of the unlawful activities (prevention) act, on 19th april, 2016 the nia-respondent herein filed an application praying for extension of the judicial custody of the appellants for the next 30 days wherein reliance was placed on the report of the public prosecutor (of the same date) which prayed for extension of the period of detention in the case against the appellants beyond the period of 90 days for completing the investigation.6. .....
Tag this Judgment!Court : Delhi
..... the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 ( nia act hereafter) assailing an order dated 23rd may, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under section 167(2) of the code of criminal procedure of the appellants ..... relate to a case registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18/18b/of the unlawful activities (prevention) act, 1967 3. ..... national investigation agency ..... national investigation agency ..... page 6 of 9 23rd may, 2016 entitling the appellants to be discharged on bail upon failure of the investigating agency to file the charge sheet.14. ..... the report which was filed by the public prosecutor under section 43d{2(b)} of the ua(p) act pointed out the fact that investigation was underway and that it required inquiries in different parts of this country as well as abroad and could not be, ..... of section 43d{(2)b} of the unlawful activities (prevention) act, on 19th april, 2016 the nia-respondent herein filed an application praying for extension of the judicial custody of the appellants for the next 30 days wherein reliance was placed on the report of the public prosecutor (of the same date) which prayed for extension of the period of detention in the case against the appellants beyond the period of 90 days for completing the investigation.6. .....
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
..... : judgment1 this is an appeal under section 21(1) read with section 21(4) of the national investigation agency act, 2008 ( nia act ) against an order dated 8th june 2018 passed by the learned district & sessions judge/special court (nia), new delhi (hereafter the learned ds&j/trial court ) rejecting the bail application ..... as much as even finding a prima facie case on the basis of the material on the record, proceeds to charge-sheet an accused under any of the provisions of tada, merely on the statement of the investigating agency, it acts merely as a post office of the investigating agency and does more harm to meet the challenge arising out of the terrorist activities rather than deterring terrorist activities ..... the aforementioned case was registered by the national investigating agency ( nia ), the respondent herein, against 12 accused persons, including the appellant, who has been arrayed ..... national investigating agency ..... . national investigating agency (2014) scc-online ap192are relevant here: ...till the truth comes out, it is always better to keep the fingers crossed, and to respect the age-old principle, that an accused cannot be ..... of evidence from which it could be inferred, even prima facie, let alone conclusively, that the crime was committed with the intention as contemplated by the provisions of tada, merely on the statement of the investigating agency to the effect that the consequence of the criminal act resulted in causing panic or terror in the society or in a section thereof .....
Tag this Judgment!Court : Delhi
..... the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 crl. a. ..... the matter relates to a case registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18, 18b, 38 and 39 of the unlawful activities (prevention) act, 1967 3. ..... versus national investigation agency ..... ..... it is complained by the appellant that in as much as no charge sheet came to be filed on 8th april, 2016 nor the period of investigation extended beyond this day, an indefeasible right accrued to the appellants to be released on bail in accordance with the provisions of section 167(2) of the code of criminal procedure. ..... in accordance with the provisions of section 43d{(2)b} of the unlawful activities (prevention) act, the nia-respondent herein filed an application on 11th march, 2016 seeking extension of the period of detention in the case against the appellants beyond the period of 90 days upto 180 days for completing the investigation. ..... on 11.12.2015 and extend the same as provided under section 43{2(b)} of ua(p) act up to 180 days or the period as may be deemed fit by the hon'ble court justifiable in view of the facts and circumstances enumerated in this humble petition as well as on the basis of record asper the case diaries which is .....
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. .....
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