SANJEEV KUMAR, RAJESH SEKHRI
Syed Irfan Abdullah S/o Abdullah Geelani – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. This appeal by the appellant filed under Section 21 of the National Investigation Agency Act, 2008 [“the NIA Act”] is directed against the orders dated 25.03.2023 and 11.04.2023 passed by the Court of Additional District and Sessions Judge (designated as NIA Court) Kupwara (hereinafter referred to as “NIA Court” for short).
2. Before we advert to the grounds of challenge urged by the learned counsel appearing for the appellant, we deem it appropriate to give brief resume of the factual antecedents leading upto the filing of this appeal.
3. The appellant was arrested on 11.01.2023 in FIR No. 06/23 registered in Police Station, Handwara under Section 13 and 39 of the Unlawful Activities (Prevention) Act, 1967 [“the UA(P) Act” hereafter]. The appellant was remanded to judicial custody from time to time. Vide order impugned dated 25.03.2023, the remand of the appellant was further extended upto 12.04.2023 by the NIA Court. On 11.04.2023, with the understanding that 90th day of remand was 11.04.2023, the appellant moved an application for default bail under Section 167 (2) Cr.P.C. read with Section 43-D of the UA (P) Act on 11.04.2023 at about 3.30 p.m.. The
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