Authorization by the Government is required for certain offences under the Unlawful Activities (Prevention) Act.

JUDGMENT :

Thakur, J.

1. This is an appeal under Section 21 of the National Investigation Agency Act, 2008 against the order dated 06.03.2020 passed by the learned Special Judge, NIA, Jammu to the extent that the accused-respondents herein have been discharged under Section 120-B, 121, 121-A & 122 of the Ranbir Penal Code (for short 'RPC') in FIR No. RC-03/2019/NIA/JMU.

2. Further the challenge in the present appeal also is to the extent that even when the under chargesheet presented before the court contained offences Section 306 and 411 RPC as also Section 39 of the Unlawful Activities (Prevention) Act, yet the trial court at the stage of framing of charge failed to record any reason for not framing of charge under the aforementioned sections.

3. Briefly stated the material facts are as under:

4. An FIR bearing No. 39/2019 came to be registered at Police Station, Banihal District Ramban under Sections 120-B, 121, 121-A, 124-A and 307 RPC as also Section 4 and 5 of Explosive Substances Act and Sections 15, 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967. The facts leading to the registration of the FIR were that on 30.3.2019 at around 10.15 hrs., a Santro car with registration No. DL-5917 laden with explosive substances was driven by respondent No. 1-Owais Amin @ Cherry and that the CRPF convoy, which was on its way from Srinagar to Jammu, was attacked by the said respondent by exploding the IED which was placed in the said car. The explosion on account of IED blast damaged the rear glass of the bus and that the santro car laden with explosive substance got burnt after the explosion.

5. It is stated that the Ministry of Home Affairs (MHA), Government of India, in view of the gravity of the offences, its pan-Indian and transnational linkages and in exercise of the powers conferred under sub-section 5 of Section 6 read with Section 8 of the National Investigation Agency Act, 2008, vide its Order dated 12.4.2019 directed the National Investigation Agency to take up the investigation of FIR No. 39/2019. Based upon the aforementioned authorization, the NIA re-registered the FIR as RC-03/2019/NIA/JMU. After completion of the investigation, a chargesheet was presented before the Learned Special Judge, NIA, Jammu under Sections 120-B, 121, 121-A, 122, 306, 307, 309 and 411 of RPC, Sections 3 and 4 of Explosive Substances Act, Section 4 of J&K Public Property (Prevention of Damage Act), 1985 and Sections 16, 18, 20, 23, 38 and 39 of Unlawful Activities (Prevention) Act.

It is further stated that before filing the chargesheet, sanction for prosecution under Section 45(1) of Unlawful Activities (Prevention) Act, 1967 and under Section 7 of the Explosive Substances Act, 1908 was taken from the competent authority.

6. It is urged that a complaint under Section 196 and 196-A of the Cr.P.C. was forwarded to the competent authority i.e., District Magistrate, Ramban. It is further urged that the court below ordered the dropping of charges under Section 120-B, 121, 121-A & 122 RPC and not only that, no reasons were given for not framing the charges under Section 306 and 411 of the RPC as also Section 39 of the Unlawful Activities (Prevention) Act.

7. On a perusal of the order impugned, it can be seen that the court below discharged the accused-respondents in the aforementioned offences on the following grounds:

(i) That no cognizance could be taken in the absence of a complaint by the District Magistrate as defined under Section 4(e) of the Cr.P.C. and in terms of the mandate of Section 196-A of the Cr.P.C.;

(ii) That there was no preliminary investigation got conducted by the District Magistrate in terms of Section 196-B of the Cr.P.C.;

(iii) That there was non-compliance of the provisions of Section 196-A of the Code of Criminal Procedure as complaint of the District Magistrate contained no reference that the District Magistrate had been authorized or empowered by the Govt. to file the complaint.

8. Insofar as the ground 1 reflected hereina