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 : Supreme Court of India
..... in exercise of powers conferred under section 6 (5) and section 8 of the national investigation agency act, 2008, the central government directed nia to take up investigation in view of the gravity of the offences involving seizure of arms and ammunitions and huge amounts of cash ..... to section 43-d (5) of the ua (p) act, and relying upon the judgment of this court in national investigation agency v. ..... moved an application for bail in the court of judicial commissioner-cum-special judge, national investigation agency at ranchi. ..... the national investigation agency submitted a supplementary charge-sheet against a-1 to a-16 on 21.12.2018 in which the modus operandi of collecting of levy from contractors, traders, transporters ..... in national investigation agency v ..... by its very nature, the expression prima facie true would mean that the materials/evidence collated by the investigating agency in reference to the accusation against the accused concerned in the first information report, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of such accused in the commission ..... the high court dismissed the criminal appeal filed by the appellant and upheld the 1 | pa ge order dated 14.02.2020 of the special judge ..... the appeals are allowed, accordingly. .....................................j.[ l ..... the appeal filed against the judgment of the special court was dismissed by the high court on 24.06.2020 ..... therefore, the present appeal.2. .....
Tag this Judgment!Court : Supreme Court of India
..... appeal has 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 order of the special court (under national investigation agency act, 2008), chennai dated 22nd march, 2018 1 holding that the remand of the accused/respondent by the special court for a further period of 90 days was not in compliance to the mandate of section 43d(2)(b) of unlawful activities(prevention) act ..... , 1967(hereinafter being referred to as uap act, 1967 ).3. ..... section 6 read with section 8 of the nia act entrusted the investigation to the national investigation agency ..... agency wishes to secure an order of protection under section 17 of the nia act, 2008 ..... allowed the petition filed by the special public prosecutor under its order dated 22nd march, 2018 which was the subject matter of challenge in appeal preferred at the instance of the accused respondent under section 21 of the nia act before the high court of madras, which on appraisal of the record, arrived at the conclusion that the specific reasons which has been .....
Tag this Judgment!Court : Supreme Court of India
..... these two appeals take exception to the judgment and order passed by a division bench of kerala high court in the appeals preferred by the union of india under sub-section (4) of section 21 of 2 the national investigation agency act, 2008 (for short the nia act ). ..... the appeals before the high court arose out of the order dated 9th september 2020, passed by the learned judge of the special court appointed to conduct the trial of national investigation agency cases at ernakulam in kerala. ..... later on, the investigation of the case was transferred to national investigation agency (for short nia ) established under the nia act.3. ..... (g)he submitted that even going by the tests laid down by this court in the case of national investigation agency v. ..... 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. ..... rajesh kumar alias polia and anr6, he submitted that while exercising the power of appeal under sub-section (4) of section 21 of nia act, the court cannot interfere with the order granting bail unless the order suffers from non-application of mind or is not borne out from a prima facie view of the evidence on record. .....
Tag this Judgment!Court : Kerala
..... no 1784 of 2015 of the sessions judge, kalpetta, is challenged in this appeal preferred u/s 21(4) of the national investigation agency act, 2008 by the appellant, who is the 6th accused in crime number 142/2014 of the ..... in hitendra vishnu thakur v state ( air 1994 sc 2623) had occasion to consider and interpret the in pari material provisions contained in the terrorists and disruptive activities act, wherein proviso (bb) to clause (b) of sub section (4) dealt with the extension of period of investigation and continued detention of the accused on satisfaction of necessary conditions. ..... 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 ..... the use of the expression "on the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period" as occurring in clause (bb) in sub-section (2) of s.167 as amended by s.20(4) are important and indicative of the legislative intent not to keep an accused in custody unreasonably and to grant extension only on the report .....
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. .....
Tag this Judgment!Court : Delhi
..... the present appeal has been filed under section 21 of the national investigation act, 2008 read with section 482 of the code of criminal procedure(hereinafter referred to as 'cr.p.c. ..... after filing the chargesheet on 18.01.2018, the respondent/national investigating agency procured following document associated with the appellant/naval kishore kapoor. ..... the national investigation agency on the basis of fresh material collected, was able to unearth the fresh cause of action against the appellant/naval kishore kapoor and filed the supplementary chargesheet against him.22. ..... the national investigation agency has evidently established that the said agreement between the appellant and accused no.10 was a sham created conjointly by them for remitting huge amount of rs.5,57,90,000/- from unknown sources to india.18. ..... we deem it appopriate to add herein that the bail application of the accused no.10/ zahoor ahmad shah watali has been rejected by the hon ble supreme court of india vide order dated 02.04.2019 in (crl.a5782019) national investigation agency vs. ..... , we are of the considered view that the arguments advanced on behalf of the appellant that the learned trial court erroneously and wrongly took cognizance against the appellant because no fresh material was produced by the investigating agency in the supplementary chargesheet implicating the appellant in the alleged conspiracy, is without force as there is sufficient material available on record which crl.a. .....
Tag this Judgment!Court : Delhi
..... for offences under the unlawful activities (prevention) act, 1967, investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... saqib ansari have filed the present petition under section 482 cr.p.c read with article 226 of constitution of india or in the alternate criminal appeal under section 21 of n.i.a. ..... act, 2008 for quashing of order dated 7th june, 2014 passed by the additional sessions judge-02/ftc, new delhi district, patiala house courts, new delhi.6. ..... however, realising that it may not be possible to complete the investigation in every case within 24 hours or even 15 days, as the case may be, even if the investigating agency proceeds with utmost promptitude, parliament introduced the proviso to section 167(2) of the code prescribing the outer limit within which the investigation must be completed. ..... the proviso to section 167(2) of the code read with section 20(4)(b) of tada, therefore, creates an indefeasible right in an accused person on account of the default by the investigating agency in the completion of the investigation within the maximum period prescribed or extended, as the case may be, to seek an order for his release on bail. .....
Tag this Judgment!Court : Supreme Court of India
..... the central government, in exercise of their power under section 6(5) read with section 8 of the national investigation agency act, 2008 directed the national investigation agency ( nia ) to take up investigation of the case by an order passed on 24th january 2020. ..... the high court in dealing with both these appeals had opined that the investigating agency had materials which prima facie showed that the applicants were part of a larger conspiracy attracting the offences contained in sections 121a, 117 and 120b of the 1860 code as well as section 18 of the 1967 act against them. ..... we accordingly set aside the impugned judgments and direct that the appellants be released on bail in respect of the cases(s) out of which the present appeals arise, on such terms and conditions the special court may consider fit and proper, if the appellants or any one of them are not wanted in respect of any other case. ..... we also feel that such expression of prima facie reasons for granting bail is a requirement of law in cases where such orders on bail application are appealable, more so because of the fact that the appellate court has every right to know the basis for granting the bail. ..... (sudhanshu dhulia) new delhi28h july, 2023 52 | pa ge item no.1501 court no.6 section ii-a (for judgment) s u p r e m e c o u r t o f i n d i a record of proceedings criminal appeal no.639/2023 vernon appellant(s) versus the state of maharashtra & anr. .....
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