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2021 Supreme(Mad) 202

P.N.PRAKASH, V.SIVAGNANAM
Mohamed Azarudeen – Appellant
Versus
Union of India rep. by The Additional Superintendent of Police National Investigation Agency Kochi – Respondent


Advocates Appeared:
For the Appellants :I. Abdul Basith, Advocate
For the Respondent: R. Karthikeyan, Spl. Public Prosecutor for NIA cases

JUDGMENT :

P.N. PRAKASH, J.

(Prayer: Criminal Appeal filed under Section 21 of the National Investigation Agency Act, 2008, to call for the entire records in connection with impugned further remand extension order passed by the learned Special Judge for NIA cases/Sessions Court for Exclusive Trial for Bomb Blast Cases, Poonamallee, Chennai in Crl.M.P.No.191 of 2019 dated 06.05.2019 in R.C.No.06/2019/NIA/DLI and set aside the same.)

1. The point for consideration in this Criminal Appeal is, the validity of the report dated 29.04.2019, submitted by the Special Public Prosecutor under Section 43-D(2)(b) of the Unlawful Activities (Prevention) Act, 1967 (in short “the UAP Act”) and the consequent acceptance of the same by the Special Court vide the impugned order in Crl.M.P.No.191 of 2019 dated 06.05.2019.

2. One Ramalingam was brutally attacked on 05.12.2019 in Thiruvidaimarudur by an unlawful assembly, resulting in the local police registering a case in Thiruvidaimarudur P.S.Crime No.17 of 2019 under Sections 341, 294(b) and 307 IPC. After Ramalingam succumbed to the injuries, the case was altered to one under Section 302 IPC.

3. During the course of investigation, it came to light that

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