ABDUL KHADAR @ ABDUL QUADAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Criminal Appeal is filed under Sec. 21 of the National Investigation Agency Act, 2008, aggrieved by the order dtd. 18/6/2025 passed by the learned IV Additional Metropolitan Sessions Judge cum Special Court for NIA Cases at Hyderabad in Crl.M.P.No.2224 of 2024, in Spl. SC 1 of 2023 (RC 03/2022/NIA/HYD), NIA, Hyderabad.

(2.) Appellants are A1, A5 and A24 in Spl.S.C.No.1 of 2023. They have filed an interlocutory application in the said Appeal vide Crl.M.P.No.2224 of 2024 under Sec. 45 of the Unlawful Activities (Prevention) Act to examine impugned sanction dtd. 28/12/2022.

(3.) Respondent-NIA filed counter and contended that there is no provision under Sec. 45 of UA(P) Act, 1967 which provides for summoning of record by the Court. The Court has taken cognizance of the offence against the petitioners-A1, A5 and A24 after examining the prosecution sanction available on record and after being satisfied prima facie that the prosecution has obtained valid sanction from the competent authority prescribed under the law. The stage of examining the validity of the sanction is during the trial, which cannot be examined at the stage of enquiry or pre trial stage and the burden of proving valid sanction is always on the prosecution. The present case is a Sessions Triable case and the procedure is provided under Ss. 225 to 237 of Cr.P.C. which has to be followed with the mandate of Sec. 4 of Cr.P.C. The applicable procedure does not empower the Court to receive/take/record or calling a witness prior to framing of charge under Sec. 228 of Cr.P.C.