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2013 Supreme(Ker) 426

K.T.SANKARAN, M.L.JOSEPH FRANCIS
Shareef @ Mohammed Yusuf @ Farooq – Appellant
Versus
State represented by National Investigation Agency Ernakulam – Respondent


Advocates appeared:
For the Appellant:V. Pramod, B. Vinod, Advocates.
For the Respondent: M. Ajay, Special Public Prosecutor.

Judgment :

K.T. Sankaran, J.

1. The appellant is accused No.7 in S.C.No.2 of 2013 on the file of the Special Court for Trial of NIA cases, Kerala, Ernakulam The allegation against the accused is that they committed the offences under Sections 489B, 489C read with Section 34 of the Indian Penal Code and Sections 15 and 17 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAP Act').

2. The appellant was arrested on 26.3.2013 at 5.10 hours at Indira Gandhi International Airport, New Delhi on his arrival from Abu Dhabi. He was produced before the Special Judge for NIA cases at New Delhi and on the issuance of a transit warrant, the appellant was produced before the court below on 27.3.2013. He was remanded to judicial custody. The investigation was not completed within ninety days. The Public Prosecutor filed an application under the first proviso to sub-section (2) of Section 43D of UAP Act. In that application, extension of time upto 180 days for completing the investigation was prayed for. The court below allowed the application filed by the Public Prosecutor overruling the objections raised by the appellant. The Criminal Appeal is filed against the said













































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