(1.) Whether delay in filing of an appeal under Sec. 21 of the National Investigation Agency Act, 2008 beyond 90 days can be condoned under Sec. 5 of the Limitation Act, 1963 is the issue which has fallen for consideration in the present proceedings.
(2.) By the impugned judgement and order dated August 28, 2019 the Learned Chief Judge, City Session Court had convicted the appellants under Ss. 120B/125/419/420/467/468/471 of the Indian Penal Code, 1860 and under Ss. 16/17/18/18A/18B/20 of the Unlawful Activities (Prevention) Act, 1967 and under Sec. 14 of the Foreigners Act, 1946 and under Sec. 12 (1) (b)/12 (1A) of the Passport Act, 1967.
(3.) A police complaint had been lodged on October 2, 2014 in respect of a bomb explosion. The investigation of such police case had been handed over to the CID, West Bengal. The Ministry of Home Affairs, Government of India had transferred the investigation of such police case from CID, West Bengal to the National Investigation Agency invoking Sec. 6 (5) of the Act of 2008. The appellants had been convicted by the learned trial judge in such police case.