The central legal point established in the judgment is the mandatory nature of the procedure outlined in Section 6 of the NIA Act, 2008, for investigation of scheduled offences by the National Investigation Agency, and the implications of non-compliance on the validity of the investigation and prosecution.

Mahendra Dayal, J.

Since a common question of law as well as facts is involved in both the aforesaid criminal cases, therefore they are being heard together and decided by a common judgment.

2. Heard Shri I.B. Singh, learned Senior Advocate, assisted by Shri Sajeet Kumar, learned counsel for the applicant, Shri Umesh Verma, learned Additional Government Advocate and Miss. Shikha Sinha, learned counsel appearing for National Investigating Agency and Shri Brijendra Vikram Singh, learned counsel for Union of India and perused the record.

3. Criminal Misc. Case No. 2424 of 2016 has been filed by Mantu Sharma @ Sanjay Singh for quashing of the order for framing of charge dated 22.12.2015 as well as the charges framed by Additional Sessions Judge, Court No.9/ Special Judge, Gangsters Act, Lucknow in Sessions Trial No. 296 of 2015, arising out of Crime No. 1/2013, under Sections 420, 467, 468, 471, 120-B and 121-A and 122 IPC and Sections 3/5/15/30/35 Arms Act, relating to ATS, District Lucknow. A prayer for quashing of the entire proceedings of Sessions Trial No. 296 of 2015, has also been made by the applicant.

4. Criminal Misc. Case No. 2998 of 2016 has been filed by Amit Pal Singh for quashing of supplementary charge sheet, under Sections 420, 467, 468, 471, 120-B IPC and Sections 5/25/30 of Arms Act, the supplementary charge sheet filed under Section 121 A and 122 I.P.C. as well as the entire proceedings of the Case No.1161 of 2014, arising out of Crime No. 1/2013, relating to ATS, District Lucknow, pending in the court of Additional Sessions Judge, Lucknow.

5. The FIR of this case was lodged on 17.4.2013 by Tej Bahadur, Inspector of ATS, Lucknow alleging therein that on 17.5.2013, he got an information that a person alongwith duplicate imported firearms, was coming on vehicle No. U.P 32 EE 2012 from Kanpur City and was going towards Lucknow. The information was forwarded to the Senior Officers and on their instructions, a police team was constituted. The police team along with informer reached Lucknow-Kanpur highway near Chamrauli Government Inter College. The police team tried to take some public witnesses but no one agreed to co-operate with the police team. It is said that at about 2.30 P.M. the vehicle bearing Registration No. U.P. 32 EE 2012 was seen coming from Kanpur which was stopped by the police team. The person who was driving the car told that his name as Mohd. Khalid, R/o Lucknow he was found in possession of two pistols in working order. He was also found in possession of cash of Rs. 32,000/- When the police team took search of the car, certain other firearms were recovered. Mohd. Khalid was also found in possession of two Mobile Phones and cash. When he was asked about the firearms, he could not show any documents and stated that his maternal uncle Haji Afsar had introduced him to the Arms Dealer of Kanpur and in this process he came in contact with Anil Jain, an Arm Dealer of Haryana. He told him that in case he wanted to earn more money, he would have to join him in his business. He, also told that in case he supplied spare parts of the firearm, he would earn more money. He also told the police party that since then he was engaged in this business with Shiva Nand Setti. During the course of this business he also came in contact with Alvin Disha of Mumbai, who used to import spares of firearm from Canada and Singapore. When Shiva Nand Setti was arrested, he started his business with Alvin Disha. He also admitted having deposited huge amount in the account of Alvin Disha at Lucknow. He also told the police party that during the course of this business, he obtained permission of Gurcharan Singh of Kanpur to run his shop at Lucknow, which was closed since last several years. He then started selling old firearms with new forged numbers. He further stated that he used to sell one pistol for 6 to 14 lacs. He also admitted having sold more than 150 arms to different arm dealers including Bareilly Gun House, Mes