ZIYAVUDEEN BAQAVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Captioned Criminal Appeal i.e., Crl.A.No.401 of 2023 has been filed under Sec. 21 of the 'National Investigation Agency Act, 2008 (Act 34 of 2008)', which shall hereinafter be referred to as 'NIA Act' for the sake of brevity, convenience and clarity, assailing an order dtd. 9/2/2023 made in Crl.M.P.No.738 of 2022 in Spl.S.C.No.26 of 2022 vide C.C.No.2 of 2021 (CNR No.TNCH06-00743-2022) on the file of Special Court under the NIA Act (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee. This 9/2/2023 order shall be referred to as 'impugned order' and the Court which made the impugned order shall be referred to as 'trial Court', both for the sake of convenience and clarity.

(2.) Appellant filed aforementioned Crl.M.P.No.738 of 2022 in the trial Court inter alia under Sec. 227 of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'Cr.P.C' for the sake of brevity and clarity] seeking discharge from all the charges levelled against him in the charge sheet. It is necessary to record that according to the charge sheet, the charges levelled against the appellant are for alleged offences under Ss. 120-B, 124-A, 153-A, 153-B, 505(1)(b), 505(1)(C) and 505(2) of 'Indian Penal Code, 1860 (Act 45 of 1860)' ['IPC' for brevity] and Sec. 13(1)(b) of 'The Unlawful Activities (Prevention) Act, 1967' [hereinafter 'UAPA' for the sake of brevity, convenience and clarity].

(3.) The discharge petition was resisted by the prosecution and the trial Court framed four points for consideration and the relevant portion of the impugned order capturing the four points reads as follows: