MOHAMED HASAN KUTHOUS Vs. STATE

JUDGEMENT

(1.) This common judgment will now govern the captioned two statutory Criminal Appeals which have been filed in this Court under Sec. 21 of the National Investigation Agency Act, 2008 (Act 34 of 2008).

(2.) As we are conscious of the time line prescribed for disposal of statutory appeals under Sec. 21(2) of NIA Act (as far as possible within a period of three months from the date of admission of the appeal), at the out set, we deem it appropriate to make it clear that the date on which Hon'ble Predecessor Division Bench issued notice (i.e., 28/12/2022) is taken as date of admission and further record that when the captioned criminal appeals were taken up for hearing, owing to factual matrix on hand, it came to light that this Court had to await verdict qua reference to a Larger Bench in Hon'ble Supreme Court vide Kapil Wadhawan case being Enforcement Directorate, Government of India Vs. Kapil Wadhawan [Criminal Appeal Nos.701-702 of 2020, dtd. 27/3/2023]. To be noted, the question of whether the date of remand should be included for computing the 90 days time line for filing final report under Sec. 173 of the Code of Criminal Procedure, 1973 (2 of 1974) is a question which gains immense significance (it is in the nature of a clincher owing to the factual matrix of this case and more particularly the chronology in which events unfurled). FACTUAL MATRIX AND PROCEEDINGS MADE IN EARLIER LISTINGS:

(3.) This common judgment has to be read in conjunction with and in continuation of proceedings made by this Court in listings on 9/2/2023, 14/2/2023 and 23/2/2023 which read as follows: Proceedings dtd. 9/2/2023 : Captioned two criminal appeals are statutory appeals under Sec. 21 of 'National Investigation Agency Act, 2008 [Act 35 of 2008]' [hereinafter 'NIA Act' for the sake of brevity and convenience].