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P. N. PRAKASH, A. A. NAKKIRAN
Union of India represented by the Inspector of Police, National Investigation Agency, Chennai – Appellant
Versus
Divan Mujipeer @ Divan – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 21 of the National Investigation Agency Act to set aside the order dated 20.12.2021 passed in Crl.M.P. No.556 of 2021 on the file of the Special Court for NIA Act Cases, Poonamallee and grant 5 days police custody of the respondent who is detained at Sub Jail, Poonamallee, to the appellant.)
P.N. Prakash, J.
1. This criminal appeal is at the instance of the National Investigation Agency (for short “the NIA”) calling into question, the legality and validity of the order dated 20.12.2021 passed by the Special Court under the NIA Act, 2008 (for brevity "the Special Court"), in and by which, the police custody application filed by the NIA has been dismissed.
2 The facts necessary for the disposal of this criminal appeal are as under:
2.1 Based on credible information that a group of terrorists was working under the banners of the Wahadat-E-Islam, Jamaat Wahadat-ul-Islam-al-Jihadiya, Jihadist Islamic Unit and Ansarallah, sympathetic to the ISIS and Al Qaida, the Government of India directed the NIA to investigate the matter, based on which, the NIA registered an FIR in RC No.16/2019/NIA/DLI at New Delhi on 09.07.2019 for the offences
Second application filed by NIA seeking police custody beyond 30 days of remand of accused is maintainable.
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Application under Section 43(D)(2) of UAP Act was filed only after expiry of 90th day can be allowed.
The court ruled that consent under Section 45 of the Cr.P.C. was not required for the petitioner's arrest, affirming the jurisdiction of the Special Judge and the validity of remand orders.
The court established that the discretion to condone delays in appeals under the NIA Act extends beyond 90 days and clarified that production warrants can be issued during investigations, not just wh....
The court ruled that the ATS could continue its investigation until the NIA officially took over, affirming the validity of the charge-sheet filed by ATS Nanded due to the absence of a designated Spe....
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