ORDER

Date : 26.11.2024 Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. V. A.

Chowdhury, learned counsel for the petitioner. Also head Mr. M. Haloi, learned Standing Counsel, CBI for respondent.

2. This is an application under Section 483 of BNSS, 2023, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Tezpur P.S. Case No. 533/2024, under Sections 316(2)/318(4) of BNS read with Sections 21(1)/21(2)/21(3) of Banning of Regulated Deposit Schemes Act, 2019. 3. Mr. Bora, learned Senior Counsel for the petitioner, submitted that the petitioner was initially arrested in connection with Tezpur P.S. Case No. 533/2024, under Sections 316(2)/318(4) of BNS read with Sections 21(1)/21(2)/21(3) of Banning of Regulated Deposit Schemes Act, 2019 on the basis of the F.I.R. lodged by one Dinutpal Borah alleging inter alia that the present accused/petitioner is fraudulently operating a company, namely, Gini Capital of Burateteli, without following the guidelines of the Reserve Bank of India and fraudulently inducing the people to give high interest of money and misappropriated the money from different persons. Initially the case was registered by the Assam Police, but subsequently the State Government vide Notification No. eCF-552422/105-A, dated 09.10.2024, transferred 41 numbers of cases, including the present case, to CBI under the provision of Section 6 of Delhi Special Police Establishment Act, 1946 (hereinafter referred to as ‘Act of

1946’).

4. Mr. Bora, learned Senior Counsel for the petitioner, further submitted that vide Notification dated 11.10.2024, the Government of India, Ministry of Personnel Public Grievances and Pensions, as per provision of Section 5 (1) read with Section 6 of the above referred Act of 1946, extended the power and jurisdiction of the members of the Delhi Special police Establishment for investigation all those 41 numbers of cases notified by the Government of Assam vide Notification dated 09.10.2024. He further submitted that there is no dispute in regards to the Notification issued under Section 5(1) of the Act of 1946 whereby the investigation of 41 numbers of cases notified by the Government of Assam including the present case to investigate by CBI. But, during the pendency of the investigation and prior to the completion of the mandatory period of 60 days, the Investigating Agency added Section 316(5) of BNS only to extend the mandatory period of 90 days without any materials. Mr. Bora further submitted that after adding of Section 316(5) of BNS, the CBI moved an application before the learned Special Judge, CBI seeking police remand of the present accused/petitioner, but the said application was kept in abeyance by the learned Special Judge, CBI only on the ground that the production of the accused is necessary. But, surprisingly, during the pendency of the said petition before the learned Special Judge, CBI, the CBI had moved another application before the learned Sessions Judge, Sonitpur, Tezpur for remand of the accused/petitioner and the learned Sessions Judge, Sonitpur, Tezpur vide order dated 02.11.2024 itself had allowed the prayer for remand of the accused/petitioner for 3 (three) days without having any jurisdiction.

5. Further, Mr. Bora submitted that vide Notification of this Court dated 30.10.2024, the designated Courts of Special Judge, CBI has been only given the power exclusively to deal with the cases investigated and registered by the CBI under the Banning of Unregulated Deposit Schemes Act, 2019 and the jurisdiction is extended across the State of Assam for taking up the trial of such cases. But, in spite of said Notification, the learned District and Sessions Judge, Sonitpur, Tezpur had passed the order for remand without having any jurisdiction.

6. Mr. Bora further stressed on the point of non-compliance of provision of Section 3 of the Act of 1946, which reads as under:

“Offences to be investigated by Special Police Establishment – The