JUDGMENT

Arijit Pasayat, J.-The scope and ambit of Section 49(2) of the Prevention of Terrorism Act, 2002 (in short the POTA ) fall for consideration in this appeal. Since the legal issue involved in this appeal relates to the question as to during what period prayer for police custody can be made, brief reference to the factual aspects is sufficient.

2. On 27.2.2002 some persons died at Godhra in the State of Gujarat and several persons were injured when allegedly a train was attacked and set ablaze. The first information report was lodged and various persons were arrested in connection with the alleged occurrence.

3. Initially, the case was registered for alleged commission of offences punishable under various provisions of Indian Penal Code, 1860 (in short the IPC ), Indian Railways Act, 1989 (in short the Railways Act ) and the Prevention of Damage to Public Property Act, 1984 (in short the Public Property Act ) read with Section 135 of the Bombay Police Act, 1951 (in short the Bombay Act ). Subsequently, an application was filed in the Court of Judicial Magistrate, First Class, Railway seeking addition of offences punishable under Section 3(1)(a), (b) and 3(2) of the POTA. T