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ARIJIT BANERJEE, APURBA SINHA RAY
Sabiruddin Sk. @ Sabir – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Apurba Sinha Ray, J.) :
In Re: SRCR 1 of 2022
1. The learned Amicus Curiae Mr. Bhattacharjee has outlined the backdrop of the present criminal reference in the following manner :-
Initially, two cases were registered by the Samsherganj Police Station being Case Nos. 121 of 2021 and 149 of 2021 under Sections 489B/489C of I.P.C. Subsequently, sections 15 and 16 of the Unlawful Activities (Prevention) Act, 1967 (‘Act 1967’ in short hereinafter) were added when the investigation was taken over by Special Task Force (‘STF’ in short hereinafter). After addition of charges under the Act 1967, the learned Additional Chief Judicial Magistrate, Jangipur sent the records of the cases to the Court of the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad who, in view of the judicial decision reported in (2020) 10 SCC 616 (Bikramjit Singh Vs. State of Punjab), held that only a court constituted under National Investigation Agency Act, 2008 (In short ‘NIA Act’) had the jurisdiction to try the case and accordingly, directed the learned Additional Chief Judicial Magistrate, Jangipur to transfer the case to the learned Special Court (III) at Bichar Bhawan, Kolkata being th
Scheduled offences under the U.A.P.A. Act are exclusively triable by Special Courts set up under the N.I.A. Act, and appeals from their judgments, sentences, or orders are to be heard by the Division....
The court ruled that the ATS could continue its investigation until the NIA officially took over, affirming the validity of the charge-sheet filed by ATS Nanded due to the absence of a designated Spe....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Until a Special Court is constituted by State Government under sub-Section (1) of Section 22 of NIA Act, in case of registration of any offence punishable under UAPA, Court of Sessions of division in....
: Grant of bail – State Government has power to designate one or more Courts of Session as Special Courts for trial of offences under any or all enactments specified in Schedule to NIA Act.
Bail applications under UAPA must be appealed to a Division Bench under Section 21 of the NIA Act, not maintained before the High Court.
An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.
The NIA Court has the power to try both IPC and UAPA offences arising from the same transaction, as per the provisions of the NIA Act, UAPA, and CrPC, and established precedents.
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