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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR
Alemla Jamir – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
SHALINDER KAUR, J.
1. The present appeal under Section 21(4) of the National Investigation Agency (NIA) Act, 2008 has been preferred against the Order dated 31.05.2024, whereby the second bail application of the appellant was dismissed by the learned Additional Sessions Judge - 03 (ASJ), Special Courts (NIA)- New Delhi, Patiala House Courts, Delhi in NIA Case No. 1/2020 titled National Investigation Agency vs. Alemla Jamir & Anr.
BRIEF FACTS
2. The investigation in this case was launched, when on 17.12.2019, the appellant Alemla Jamir (A-1) while travelling from Delhi to Dimapur, Nagaland was intercepted by the Central Industrial Security Force (CISF) Security Personnel at the Terminal-1 of the Indira Gandhi International Airport (IGI), New Delhi upon discovery of her carrying Rs. 72 Lakhs in cash, without providing any explanation as to its source. This information was forwarded to the Air Intelligence Unit (AIU) of the Income Tax Department and the appellant was taken in for interrogation, along with her belongings which included the said cash recovered from her.
3. Subsequent thereto, the appellant was questioned by the Assistant Commissioner of Income Tax (Investigat
Bail under the UA(P) Act is an exception; courts must assess prima facie evidence and risks of tampering or flight before granting bail.
The court emphasized the importance of prima facie evidence, the right to a speedy trial, and the lack of incriminating material in the possession of the accused.
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
The court upheld the bail granted to the accused, emphasizing the importance of a speedy trial and the absence of any bail condition violations, despite serious charges under the UAPA.
The completion of investigation and prolonged judicial custody are significant factors in determining the entitlement to bail under UAPA. The court emphasized the mandatory requirements under Section....
The main legal point established is that the grant of bail under UAPA requires a prima facie view of the accused's involvement, balancing of various factors, and imposition of stringent conditions to....
The right to speedy trial under Article 21 of the Constitution of India is imperative, and prolonged incarceration without the likelihood of a timely trial may warrant the grant of bail.
(1) Regular bail – Issue of national integrity is also to be taken care of so as to maintain balance.(2) Precedent – Ratio of judgment is to be applied on the basis of factual aspect involved in each....
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