JIGAR @ JIMMY PRAVINCHANDRA ADATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the accused in FIR No. 112020082021862020 registered with Jamnagar City 'A' Division Police Station in Gujarat for the offences under Ss. 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'). Sec. 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-sec. (2) of Sec. 20 of the 2015 Act, a proviso has been added in addition to the existing proviso to sub-sec. (2) of Sec. 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 Information Report was registered on 15/10/2020. The accused were arrested on different dates. Reports were submitted by the Public Prosecutor seeking extension of time up to 180 days to complete the investigation. In three cases, the reports were submitted on 8/1/2021, and in one case, it was submitted on 21/1/2021. The prayer for extending the time up to 180 days was allowed by the Special Court on the very day on which the applications were filed. Being aggrieved by the said orders of the Special Court, separate applications under Sec. 482 of CrPC were preferred by the appellants. By the impugned common Judgment dtd. 15/9/2021, the learned Single Judge of Gujarat High Court rejected the applications made by the appellants under Sec. 482 of CrPC. The details such as the respective dates of arrest and the dates of making applications are as under:-