The court ruled that an extension of remand without production of the accused violates statutory rights, allowing for default bail under the Criminal Procedure Code.

JUDGMENT

(Criminal Appeal No.1317 of 2022 has been 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 learned Sessions Judge at Karaikal Court in Cr.M.P.No.408 of 2022, dated 22.12.2022 and set aside the same and pass such further or other orders as this Hon''ble Court may deem fit and proper in the circumstance of the case and thus render justice.

Criminal Appeal No.1319 of 2022 has been filed under Section 21 of the National Investigation Agency Act, 2008 to call for the entire records in connection with the impugned order passed by learned Sessions Judge at Karaikal Court in Cr.M.P.No.409 of 2022 dated 22.12.2022 and set aside the same and pass such further or other orders as this Hon''ble Court may deem fit and proper in the circumstance of the case and thus render justice.)

Common Judgement

M. Sundar, J.

1. This common judgment will now govern the captioned two statutory Criminal Appeals which have been filed in this Court under Section 21 of the National Investigation Agency Act, 2008 (Act 34 of 2008).

2 As we are conscious of the time line prescribed for disposal of statutory appeals under Section 21 (2) of NIA Act (as far as possible within a period of three months from the date of admission of the appeal), at the out set, we deem it appropriate to make it clear that the date on which Hon''ble Predecessor Division Bench issued notice (i.e., 28.12.2022) is taken as date of admission and further record that when the captioned criminal appeals were taken up for hearing, owing to factual matrix on hand, it came to light that this Court had to await verdict qua reference to a Larger Bench in Hon''ble Supreme Court vide Kapil Wadhawan case being Enforcement Directorate, Government of India Vs. Kapil Wadhawan [Criminal Appeal Nos.701-702 of 2020, dated 27.03.2023]. To be noted, the question of whether the date of remand should be included for computing the 90 days time line for filing final report under Section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) is a question which gains immense significance (it is in the nature of a clincher owing to the factual matrix of this case and more particularly the chronology in which events unfurled).

FACTUAL MATRIX AND PROCEEDINGS MADE IN EARLIER LISTINGS:

3 This common judgment has to be read in conjunction with and in continuation of proceedings made by this Court in listings on 09.02.2023, 14.02.2023 and 23.02.2023 which read as follows:

Proceedings dated 09.02.2023 :

Captioned two criminal appeals are statutory appeals under Section 21 of ''National Investigation Agency Act, 2008 [Act 35 of 2008]'' [hereinafter ''NIA Act'' for the sake of brevity and convenience].

2. In this proceedings, from here on captioned Crl.A.No.1317 of 2022 and Crl.A.No.1319 of 2022 shall be referred to as ''I Appeal'' and ''II Appeal'' respectively and collectively as ''captioned criminal appeals'' for the sake of convenience and clarity.

3. Mr.S.Shunmugavelayutham, learned Senior Counsel instructed by Mr.S.K.Syed Eliyas, learned counsel on record for the appellants in both the captioned criminal appeals and Mr.K.S.Mohandoss, learned Public Prosecutor for Union Territory of Puducherry for respondent in both captioned criminal appeals are before us. There are three appellants in both the appeals and the three appellants, i.e. Appellant Nos.1, 2 and 3 are Accused Nos.1, 2 and 3 respectively in Crime No.221 of 2022 on the file of the Town Police Station, Karaikal for alleged offences under Sections 153-A, 120-B, 505(1)(c), 505(2) of ''The INDIAN