Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. In the present appeal, the challenge was to the impugned order on charge dated 16th March, 2022 and the formal charge order dated 10th May, 2022 passed and framed by the ld. ASJ-03, Patiala House Courts, New Delhi in NIA RC No. RC-10/2017/NIA/DLI. The further prayer is for discharging the Appellant of all the charges framed against him in the said case.

3. At the outset, Mr. Sidharth Luthra, ld. Sr. Advocate appearing for the NIA, submits that there is a substantial delay of 1104 days in filing the present appeal and the same cannot be condoned at this stage.

4. Further, Mr. Luthra has placed before the Court the decision of the Co-ordinate Bench of this Court in a batch of appeals, where the lead matter is CRL. A. 199/2021 titled Shahid Yousuf v. National Investigation Agency. In the said judgement, the Court had considered, inter alia, the maintainability of an appeal under Section 21 of the National Investigation Agency Act, 2008 against an order framing charge. The relevant portion of the said judgement reads as under:

“16. Thus, the Scheme of Act is that for the Scheduled offences covered by the NIA