SYED IRFAN ABDULLAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This appeal by the appellant filed under Sec. 21 of the National Investigation Agency Act, 2008 ['the NIA Act'] is directed against the orders dtd. 25/3/2023 and 11/4/2023 passed by the Court of Additional District and Sessions Judge (designated as NIA Court), Kupwara (hereinafter referred to as 'NIA Court', for short).

(2.) Before we advert to the grounds of challenge urged by the learned counsel appearing for the appellant, we deem it appropriate to give brief resume of the factual antecedents leading upto the filing of this appeal.

(3.) The appellant was arrested on 11/1/2023 in FIR No.06/23 registered in Police Station, Handwara under Sec. 13 and 39 of the Unlawful Activities (Prevention) Act, 1967 ['the UA(P) Act' hereafter]. The appellant was remanded to judicial custody from time to time. Vide order impugned dtd. 25/3/2023, the remand of the appellant was further extended upto 12/4/2023 by the NIA Court. On 11/4/2023, with the understanding that 90th day of remand was 11/4/2023, the appellant moved an application for default bail under Sec. 167 (2) Cr.P.C. read with Sec. 43-D of the UA (P) Act on 11/4/2023 at about 3.30 p.m. The prosecution through its APP moved an application/report before the NIA Court on the same day i.e. 11/4/2023 seeking extension of the remand of the appellant for a further period of sixty days with effect from 12/4/2023. The report filed by the learned APP seeking extension of remand was taken up for consideration on 11/4/2023 and the NIA court vide impugned order dtd. 11/4/2023 remanded the appellant in judicial custody to be lodged in Sub Jail, Kupwara for a further period of six days w.e.f. 11/4/2023. Since the remand of the appellant had been extended by the NIA Court vide order dtd. 11/4/2023, as such, the application moved by the appellant for default bail was dismissed by the NIA Court as infructuous vide order dtd. 12/4/2023. It is, however, the admitted case of both the sides that the investigating agency completed the investigation within the extended period of remand and presented the challan before the NIA Court.