Timelines in Rules 3 & 4 under Section 45(2) of Unlawful Activities (Prevention) Act are mandatory; sanction beyond 7+7 working days invalid, cannot be added post-charge framing in penal proceedings.

Judgment :

R. Mukhopadhyay, J.

Heard Mr. Jitendra S. Singh, learned counsel appearing for the appellant and the learned Special P.P. appearing for the State.

2. This appeal is directed against the order dated 21.06.2024 passed by the learned Additional Judicial Commissioner XVIII cum Special Judge, ATS, Ranchi in ATS Court Case No. 1 of 2024 arising out of ATS P. S. Case No. 10 of 2023 whereby and whereunder the application dated 08.05.2024 filed by the prosecution for bringing on record the prosecution sanction under the Unlawful Activities (Prevention) Act, 1967 has been allowed and the learned trial court has also directed the presence of the appellant and others for alteration/addition of charge for making amendment of charge.

3. The prosecution case, in brief, is that a secret information was received by the S.P., ATS that on 20.07.2023 at about 3.00 p.m., the associates of Aman Srivastava gang is coming to Ranchi with a huge amount of cash, which they had collected from the coal traders, contractors, etc. as extortion money. After making a station diary entry, the Deputy Commissioner, Ranchi was requested to depute a Magistrate and a raiding party was constituted for verification of such information and take necessary action. In course of search, it was noticed that a white coloured Scorpio vehicle was coming at a high speed, which was intercepted and two persons boarded on the vehicle namely Ezaj Ansari and Minku Khan @ Shahriyar were apprehended. Both the persons were searched and mobile phones were recovered from their possession. In course of search of the vehicle, a white coloured bag containing cash was recovered from beneath the back seat of the vehicle. On enquiry, the apprehended persons have disclosed that as per the direction of Zahir Ansari, Firoz Khan, Mahmud @ Nepali and Ravi Sardar, the associate of Ravi Sardar namely, Shankar Bhuiya had given the cash, which was to be handed over to Zahir Ansari and Firoz Khan. It has been alleged that Minku Khan had disclosed that he is working with Firoz Khan and Ezaj Ansari is working with Zahir Ansari and as per their direction, they also work for the gang, whenever directed. The cash recovered was extortion money collected by the Aman Srivastava gang. Since the cash recovered was large, the Branch Manager, SBI, Hatia Branch was directed to provide a cash counting machine and on being counted, the recovered cash was found to be to the tune of Rs. 49,83,000/-. The recovered articles including mobiles and cash were seized and both the apprehended persons were taken into custody.

4. Based on the aforesaid allegations, ATS P.S. Case No. 10 of 2023 was instituted under Sections 385/386/34 IPC and Sections 16, 17, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967. On completion of investigation, charge-sheet was submitted on 07.01.2024 under , 386 & 120 (B)/34 of I.P.C. and , 17, 20 & 21 of the Unlawful Activities (Prevention) Act, 1967. Cognizance was taken under , 386 & 120(B)/34 of I.P.C. and vide order dated 23.02.2024, charge was framed against the accused under , 384/34 of I.P.C. After framing of charge, trial has proceeded and some witnesses have already been examined by the prosecution. The sanction for prosecution under , 17, 20 & 21 of the Unlawful Activities (Prevention) Act has been granted by the Principal Secretary-cum-Law Advisor, Department of Law, Government of Jharkhand vide order dated 24.04.2024 as contained in order no. 122/2024-139/J. The prosecution through the Investigating Officer had filed a petition before the learned trial court on 08.05.2024 stating therein t