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2022 Supreme(SC) 973

AJAY RASTOGI, ABHAY S. OKA
Jigar @ Jimmy Pravinchandra Adatiya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Nitya Ramakrishnan, Sr. Adv., Mr. Pradhuman Gohil, Adv., Mrs. Taruna Singh Gohil, AOR, Ms. Ranu Purohit, Adv., Mr. Alapati Sahithya Krishna, Adv., Mr. Nikhil Goel, AOR
For the Respondent: Mr. Rajat Nair, Adv., Ms. Deepanwita Priyanka, AOR

JUDGMENT :

Abhay S. Oka, J.

Leave granted.

FACTUAL ASPECTS

2. The appellants are the accused in FIR No.112020082021862020 registered with Jamnagar City ‘A’ Division Police Station in Gujarat for the offences under Sections 3(1), 3(2), 3(3), 3(4), 3(5), and 4 of The Gujarat Control of Terrorism and Organised Crime Act, 2015 (for short ‘the 2015 Act’). Section 167 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) has been amended in relation to the cases involving offences punishable under the 2015 Act. By virtue of sub-Section (2) of Section 20 of the 2015 Act, a proviso has been added in addition to the existing proviso to sub-Section (2) of Section 167 of CrPC which permits the Special Court established under the 2015 Act to extend the period of 90 days provided to complete the investigation up to 180 days. The Special Court is empowered to extend the period up to 180 days on a report of the Public Prosecutor setting out the progress of the investigation and the specific reasons for continuing detention of the accused beyond the period of 90 days.

3. The aforesaid First I


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