S.C. Dharmadhikari, J.

1. These Writ Petitions raise the issue of constitutional validity of the National Investigation Agency Act, 2008 (Act 34 of 2008) (for short “NIA Act”).

2. Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith.

3. Since both Writ Petitions involve common questions, they are being decided by this common judgment. For properly appreciating the arguments of parties, the facts in Writ Petition No.4049/2012 are referred to.

4. It is stated that the Petitioner has been arraigned as an accused No.1 in C.R. No.I130/2008 lodged at Azad Nagar Police Station, Malegaon on 30.09.2008 for offences punishable under Sections 302, 307, 324, 326, 427, 153A, 120B of the Indian Penal Code r/w Sections 3, 4, 5, 6 of the Indian Explosive Substance Act, 1908 r/w Sections 3, 5, 25 of the Arms Act, 1959 r/w Sections 15, 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 along with ten other accused in the wake of a bomb blast that took place on 29.09.2008 at Malegaon, District : Nashik. The said crime being C.R. No.I130/2008 was reregistered with ATS Police Station, Kala Chowki, Mumbai as C.R. No.I18/2008 when the i