ABDUL AZEEZ P V Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The petitioners herein are accused Nos.1 to 21 in Crime No.276 of 2013 of Mayyil Police Station, registered under Sections 143, 147, 153(B) r/w Section 149 of the Indian Penal Code, u/s 5(1) r/w Section 25(1)(a) of the Arms Act, u/s 4 and 5 of the Explosive Substances Act and under Section 18 of the Unlawful Activities Prevention Act ("UAPA" for short).

(2.) The petitioners were arrested on 24.04.2013 and since then are in custody. After completion of investigation charge-sheet was filed by the NIA on 19.10.2013 against the petitioners. The charge-sheet, inter alia, stated the allegations against each of the petitioners and the materials on the basis of which such allegations were leveled. It also stated in paragraphs 18.2 and 18.3 that requisite sanction under Sections 18 and 18A of the UAPA was accorded by the Ministry of Home Affairs, Government of India, vide order dated 17.10.2013 and also that sanction under Section 7 of the Explosive Substances Act was accorded by the District Magistrate, Kannur vide his order dated 15.10.2013. In paragraph 18.6 of the charge- sheet it was stated to the following effect:

(3.) The petitioners filed Criminal M.C. No.100 of 2013 on 22.10.2013 before the learned Special Court, NIA Cases submitting that they were entitled to get statutory bail under Section 167(2) of the Code of Criminal Procedure (for short " Cr.P.C.") inasmuch as the investigating agency had failed to file the final report within 180 days. It was further submitted that the bank account details and mobile phone call details of the petitioners, as stated in the charge-sheet itself, were yet to be verified and that the charge-sheet filed on 19.10.2013 was not a final report as contemplated under Section 173(2) Cr.P.C. The submissions were negated by the learned Special Court by its order dated 04.11.2013 holding that the petitioners were not entitled to statutory bail under Section 167(2) Cr.P.C., which view was challenged by filing Criminal Appeal No.1711 of 2013 in the High Court of Kerala at Ernakulam. The High Court went through paragraph Nos.17.1., 17.2, 17.3 and 17.8 of the charge-sheet and found that the materials so disclosed and adverted to in the charge-sheet did show that it was a final report. The High Court, thus, dismissed the appeal. The present special leave petition has been filed to challenge the view taken by the High Court.