Indian Penal Code, 1860 – Section 121A, 122, 123, 124A, 120B – Unlawful Activities (Prevention) Act, 1967 Sections 16, 18, 18B, 20, 38 and 39 – National Investigation Agency Act, 2008 – Section 16, 22 – UAPA – Jurisdiction of Court – The Supreme Court held that until a Special Court is constituted by the State Government under Section 22(1) of the National Investigation Agency Act, 2008, the Court of Sessions within whose jurisdiction the offence has been committed retains jurisdiction to try offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA) as per Section 22(3) of the NIA Act. The Court emphasized that the definition of ‘Court’ under Section 2(1)(d) of the UAPA includes both a normal criminal court and a Special Court constituted under the NIA Act. Therefore, the Sessions Court had jurisdiction to permit the addition of UAPA offences to the case and extend the remand of the accused beyond 90 days. However, any extension of remand beyond 90 days without express authorization would be illegal.
The Court further noted that while the charge sheet was filed beyond the extended period of 90 days, the accused did not claim default bail, leaving the issue of the effect of evidence collected during the extended remand to be raised at the trial stage. (Para 23, 30, 37)
SUPREME COURT OF INDIA
2024 STPL(Web) 266 SC = 2024 INSC 313
State Of West Bengal Vs. Jayeeta Das
Criminal Appeal No(s). OF 2024 (Arising out of SLP(Crl.) No(s). 7880 of 2023)-Decided on 18-04-2024
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