MOHAMMED JABIR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The question to be answered in this writ petition is this :

(2.) The petitioner is accused No.21 in Spl. C.C. No. 123/2023 on the file of XLIX Additional City Civil and Sessions Judge and Special Judge for NIA Cases, Bengaluru. Amongst several offences punishable under Indian Penal Code including the offence under Sec. 302 of IPC and the Arms Act, the NIA has invoked the offences punishable under Ss. 16, 18, 19 and 20 of the UAP Act. The petitioner was arrested on 7/11/2022 and produced before the court on 8/11/2022. The NIA filed charge sheet against accused 1 to 20 on 20/1/2023 and sought permission under Sec. 173 (8) of Cr.P.C for further investigation. No charge sheet was filed against the petitioner on 20/1/2023. The initial period of ninety days from the date of production of the petitioner before the court expired on 6/2/2023. NIA did not file charge sheet against the petitioner on or before expiry of ninety days period. And when the case was called in the court on 7/2/2023, the petitioner did not exercise his right to be released on bail as the NIA did not file charge sheet within ninety days. When the case was called on 8/2/2023, if the Special Public Prosecutor for NIA filed an application under Sec. 43D (2) (b) of UAP Act seeking extension of time to file charge sheet, the petitioner filed an application under Sec. 167(2) of Cr.P.C claiming default bail. The NIA filed its application in the morning session and the petitioner filed his application in the afternoon session of the court. The trial court decided both the applications together and passed an order on 9/2/2023 allowing the application of the NIA and dismissing the petitioner's application. The petitioner has challenged the order dtd. 9/2/2023.

(3.) We have heard the arguments of Smt. Haleema Ameen for the petitioner and Sri P.Prasanna Kumar for the respondent.