STATE NCT OF DELHI Vs. ANAMUL ANSARI

JUDGEMENT

(1.) The present appeal has been filed by the Appellant - State under Sec. 21 of the National Investigating Agency Act, 2008 (hereinafter 'NIA Act') read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS'), challenging the impugned order dtd. 18/11/2024, passed by the ld. Additional Sessions Judge-02, New Delhi District, Patiala House Courts, New Delhi, arising out of FIR No. 301/2024 dtd. 15/7/2024, registered at P.S. Special Cell (Delhi) under Sec. 61 of Bharatiya Nyaya Sanhita, 2023 (hereinafter 'BNS').

(2.) Vide the impugned order, the Trial Court has rejected an application filed by the State seeking extension of time for concluding the investigation beyond 90 days under Sec. 43D of the Unlawful Activities (Prevention) Act, 1967 (hereinafter 'UAPA'). The Trial Court has held that there is no justification for granting further custody of the accused persons to enable completion of the investigation beyond the initial statutory period of 90 days. The relevant portion of the impugned order is set out below:

(3.) The brief background of this case is that on 15/7/2024, FIR No. 301/2024 under Sec. 61 of BNS was registered at P.S. Special Cell (Delhi). It is stated that during investigation Ss. 4 and 5 of the Explosive Substance Act, 1908, Sec. 25 of the Arms Act, 1959, and Ss. 16, 17, and 18 of the UAPA were added to the said FIR. The said FIR was registered on the basis of secret inputs received by the Special Cell (Delhi) that a highly radicalized Jharkhand based group, along with certain sympathizers based in/around Delhi, were conspiring/planning a terror attack. On the basis of the said inputs, surveillance was launched by the Special Cell (Delhi) and as per the FIR, the said group was at an advanced stage of procuring sophisticated weapons in furtherance of their conspiracy.