IMPORTANT POINT
Scheduled offence – All offences under UAPA, Special Court alone has exclusive jurisdiction to try such offences.

JUDGMENT

Dr. Ravi Ranjan, C.J.—The instant application has been filed under Section 439 and 440 of the Code of Criminal Procedure for grant of regular bail in connection with S.T. No.71B/2013 arising out of Herhanj P.S. Case No. 14 of 2010 corresponding to G.R. Case No. 302 of 2010 registered under Sections 147, 148, 149, 307, 353, 332 of the I.P.C., 27 of the Arms Act, 17 of C.L.A. Act and 13 of U.A.P.A. Act.

2. The learned Single Judge of this Court, while hearing the bail application, has passed the order dated 27.06.2022 which reads as under:—

“1. Since the matter has already been decided in detail by this Court in Criminal Revision No.994 of 2019 vide order dated 29.09.2021 in the case of Bhaskar Chakravarty @ Bhaskar Chakraborty Versus the State of Jharkhand.

2. Today learned counsel for the State has placed the order dated 23.12.2021 passed in Cr. Appeal (DB) No.249 of 2021.

3. Considering the above facts, let the matter be referred to Hon’ble the Chief Justice for consideration and for the appropriate order.”

3. This Court has perused the order dated 29.09.2021 passed in Criminal Revision No. 994 of 2019 whereby and whereunder the learned Single Judge has come to the opinion after going through the aims and objects of the National Investigating Agency Act 2008 that the scheduled offence is multi-dimensional, has to be investigated by the National Investigating Agency. But considering the nature of offence, if it is to be investigated by the State Agency then the case has to be tried by the Special Court created by the State Government under Section 22 of the N.I.A. Act.

The learned Single Judge has further come to the opinion that the scheduled offence can be investigated by two agencies, i.e., either by the National Investigating Agency or by the State Agency. If the investigation is done by the National Investigation Agency then the jurisdiction will be the Special Court created by the Central Government. But, if the investigation is done by the State Agency then the jurisdiction will be the Special Court designated by the State Government under Section 22 of the N.I.A. Act. In both the cases, the procedure prescribed under the N.I.A. Act will be applicable.

The learned Single Judge further is of the view that the jurisdiction lies with the Division Bench by taking into consideration the facts and circumstances of the instant revision petition, as such, the jurisdiction lies with the Division Bench under the appellate jurisdiction as prescribed under Section 21 of the N.I.A. Act and accordingly, the criminal revision application has been held to be not maintainable and the same had been dismissed. For ready reference, the extract of the said order reads as under:—

“…

From mere perusal of the aims and objects of the Act also it is clear that if the scheduled offence is multi-dimensional has to be investigated by the National Investigating Agency. But considering the nature of offence, if it is to be investigated by the State Agency then the case has to be tried by the Special Court created by the State Government under Section 22 of the N.I.A. Act.

Thus, the scheduled offence can be investigated by two agencies i.e. either by the National Investigating Agency or by the State Agency. If the investigation is done by the National Investigation Agency then the jurisdiction will be the Special Court created by the Central Government. But, if the investigation is done by the State Agency then the jurisdiction will be Special Court designated by the State Government under Section 22 of the N.I.A. Act. In both the cases, the procedure prescribed under the N.I.A. Act will be applicable.

Viewing to the present case, it is not in dispute that the offence committed is the scheduled offence and it has been investigated by the State Agency. The jurisdiction has been exercised by the Sessions Court. In view of Section 22(3) of the N.I.A. Act, it will be deemed to be Special Court and the procedure prescribed under the N