An application for bail under Section 439 of the Code of Criminal Procedure invoking the NIA Act, 2008 is not maintainable, and orders granting or refusing bail are appealable to the High Court under Section 21 of the NIA Act, 2008.

JUDGMENT

Debangsu Basak, J. - Petitioner prays for bail in connection with RC- No.04/2021/NIA/DLI dated March 2, 2021 under Sections 326/307/120B of the Indian Penal Code and under Sections 3 and 4 of the Explosives Substances Act and under Sections 16/18 and 20 of UA(P) Act, 1967 in NIA Case No.01 of 2021 arising out of Azimganj GR Police Station Case No.05/2021 dated February 17, 2021.

2. The investigations in respect of such police case are now being conducted by the National Investigating Agency (NIA) constituted under the provisions of the National Investigation Agency Act, 2008.

3. Learned Advocate appearing for the NIA raises the issue of maintainability of the present application for grant of bail and submits that the present petition for bail is not maintainable in view of the provisions of the Act of 2008 particularly Section 21 thereof. He relies upon (2014) 1 Supreme Court Cases 258 (State of Andhra Pradesh vs. Mohd. Hussain alias Saleem) as also an order dated June 9, 2021 passed in CRM 3656 of 2021 (in the matter of: Surojit Mandal) by a Coordinate Bench in support of his contentions.

4. Learned Advocate appearing for NIA submits that pursuant to the order of the Government of India dated March 1, 2021, NIA took over the investigations. NIA re-registered the case as RC- No.04/2021/NIA/DLI dated March 2, 2021 under Sections 326/307/120B of the Indian Penal Code and Sections 3 and 4 of the Explosives Substances Act, 1908 at NIA, New Delhi Police Station. NIA also invoked Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 with the approval of the learned Court which was granted on March 16, 2021 for the purpose of further investigations. NIA submitted a charge sheet dated August 24, 2021, inter alia, under Sections 120B/326/307 of the Indian Penal Code and Sections 3 and 4 of the Explosives Substances Act, 1908 and Sections 16, 18 and 20 of the Unlawful

Activities (Prevention) Act, 1967. Consequently, the provisions of the Act of 2008 stands attracted in view of the case being referred by the Government of India to the NIA and in view of the Schedule to the Act of 2008 read with Section 2(1)(f) of the Act of 2008.

5. Learned Advocate appearing for NIA contends that, in the event of the present application being found to be maintainable on the contentions raised above, then the application is barred by limitation prescribed in the Act of 2008.

6. Learned Advocate appearing for the petitioner submits that the present application for bail is maintainable. He relies upon an order of the Hon'ble Supreme Court dated October 29, 2021 passed in Criminal Appeal Nos.1313-1315 of 2021 (The State of Kerala & Ors. vs. Roopesh) in support of his contentions.

7. In the facts of the present case, NIA took over the investigations of the police case pursuant to an order of the Central Government dated March 2, 2021. It re-registered the case as RC- No.04/2021/NIA/DLI dated March 2, 2021 under Sections 326/307/120B of the Indian Penal Code and Sections 3 and 4 of the Explosives Substances Act, 1908 at NIA, New Delhi Police Station. It conducted further investigations with the approval of the jurisdictional Court granted on March 16, 2021 for offences under Sections 16 and 18 of UAPA, 1967. It submitted a charge sheet dated August 24, 2021 invoking, inter alia, the provisions of Sections 16, 18 and 20 of the UAPA, 1967. Offences under UAPA, 1967 comes within the purview of the Act of 2008 by reason on the Schedule to the Act of 2008.

8. Section 21 of the National Investigation Agency Act, 2008 is as follows:

'21. Appeals.- (1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.

(2) Every appeal under sub-section (1) shall be heard by a Bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission