DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sheikh Rahamtulla @ Sajid @ Burhan Sheikh @ Surot Ali – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT
Debangsu Basak, J.
1. Whether delay in filing of an appeal under Section 21 of the National Investigation Agency Act, 2008 beyond 90 days can be condoned under Section 5 of the Limitation Act, 1963 is the issue which has fallen for consideration in the present proceedings.
2. By the impugned judgment and order dated August 28, 2019 the Learned Chief Judge, City Session Court had convicted the appellants under Sections 120B/125/419/420/467/468/471 of the Indian Penal Code, 1860 and under Sections 16/17/18/18A/18B/20 of the Unlawful Activities (Prevention) Act, 1967 and under Section 14 of the Foreigners Act, 1946 and under Section 12 (1) (b)/12 (1A) of the Passport Act, 1967.
3. A police complaint had been lodged on October 2, 2014 in respect of a bomb explosion. The investigation of such police case had been handed over to the CID, West Bengal. The Ministry of Home Affairs, Government of India had transferred the investigation of such police case from CID, West Bengal to the National Investigation Agency invoking Section 6 (5) of the Act of 2008. The appellants had been convicted by the learned trial judge in such police case.
4. It has not been disputed on behalf of the partie
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