Court affirmed the need for detailed justification in extending custody under UAPA, emphasizing individual assessment and validating the ongoing necessity of detention for national security investigations.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The present Criminal Appeal under Section 21 of the National Investigation Agency Act, 2008 has been filed by the Appellant, challenging the Orders dated 24.02.2024, 26.02.2024 & 11.03.2024, passed by the Learned Additional Sessions Judge, Patiala House Courts, Delhi (hereinafter referred to as the “Ld. Trial Court”), in RC 29 of 2023.

2. Vide Order dated 24.02.2024, the Ld. Trial Court had extended the period of detention of the Appellant and his co-accused under Section 43D(2) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA) by 25 days, i.e. from 26.02.2024 to 22.03.2024. Thereafter vide Order dated 26.02.2024, the Ld. Trial Court has remanded the Appellant to the judicial custody while re-affirming the order dated 24.02.2024 and vide Order dated 11.03.2024, the Ld. Trial Court has dismissed the default bail application of the Appellant under Section 167 of the Criminal Procedure Code, 1973 (hereinafter referred to as the “Cr.P.C”)

3. The facts leading up to the present Criminal Appeal are as follows :

a. On 17.07.2023, FIR No. 175/2023 was registered at Police Station Kothrud, Pune, Maharashtra under Sections 468, 379, 511 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), Section 3 read with Section 25 and Section 4 read with Section 25 of the Indian Arms Act, 1959 (hereinafter referred to as the “Arms Act”) and Section 37(1)(3) and 135 of the Maharashtra Police Act, 1951(hereinafter referred to as the “Police Act”) against three individuals, namely Mohammad Imran Yousuf Khan, Mohd. Yunus Saki and Mohd. Shahnawaz. Imran Yousuf Khan and Mohd. Yunus Saki were arrested whereas Mohd. Shahnawaz fled and could not be arrested.

b. FIR No. 175/2023 was transferred to ATS Mumbai, Maharashtra and on 22.07.2023 ATS Kalachowky, Mumbai re- registered the case as FIR No. 6/2023(hereinafter referred to as the “Mumbai FIR”) under the same Sections as FIR 175/2023, and Sections 13,15,16(1)b, 18 and 20 of the Unlawful Activities (Prevention) Act, 1963 (hereinafter referred to as “UAPA” ) were added to the case after investigation revealed that accused persons had experimented with explosives in Pune, Kolhapurand Satara districts in Maharashtra and were associated with the Islamic State of Iraq and Syria (hereinafter referred to as “ISIS”)

c. Subsequently, the case was transferred to the National Investigation Agency (hereinafter referred to as the “NIA”) and re-registered as RC 05/2023/NIA//MUM (hereinafter referred to as the “Mumbai case”)

d. On 18.09.2023, FIR No 243/2023 was registered at Police Station Special Cell, Delhi (hereinafter referred to as the “Delhi FIR”), on the basis of information that one Shahnawaz Alam, who was wanted in FIR No. 06/2023, was moving with one Rizwan and they were conspiring to commit terrorist acts in Delhi and adjoining areas.

e. Based on the investigative developments in the Mumbai case and information received during investigation in the Delhi FIR, raids were conducted at various places in Delhi and Uttar Pradesh on 30.09.2023 and 01.10.2023. These raids culminated in the arrest of accused Mohd. Shahnawaz (wanted in the Mumbai case), Arshad Warsi and Mohd. Rizwan (hereinafter referred to as the “Appellant”)

f. The Appellant and Arshad were arrested on 01.10.20