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LOK 2023 (5) SC 15 · Supreme Court of India

Judgebir Singh v. National Investigation Agency

Equivalent citations: 2023 INSC 472 : 2023 (6) SCR 1 : AIR 2023 SC (Cri) 937 : (2023) 17 SCC 48 : 2023 (2) Crimes 207 : JT 2023 (5) SC 226 : 2023 (7) Scale 559 : 2023 (3) KLT (SN) 42 : 2023 KHC (Online) 6490

SubjectBail, Criminal Law
JudgesJustice Dr. D.Y. Chandrachud, CJI, Justice J.B. Pardiwala
ActsBharatiya Nagarik Suraksha Sanhita, 2023, National Investigation Agency Act, 2008, The Constitution of India, Bharatiya Nyaya Sanhita, 2023, 173(2), 173(5), 173(8) and 193, Code of Criminal Procedure, 1973, 43D and 45, Unlawful Activities (Prevention) Act, 1967

Filing a chargesheet within time satisfies Section 167 Cr.P.C.; absence of UAPA sanction or cognizance within 180 days gives no right to default bail, and filing before a Magistrate instead of the NIA Special Court does not change that.

LOK 2019 (4) SC 28 · Supreme Court of India

National Investigation Agency v. Zahoor Ahmad Shah Watali

Equivalent citations: 2019 INSC 456 : AIR 2019 SC 1734 : 2019 (2) Crimes 63 : 2019 CriLJ 2609 : JT 2019 (4) SC 51 : 2019 KLT (Online) 3012 : 2019 (5) Scale 774 : (2019) 5 SCC 1 : 2019 KHC 6384

SubjectBail, Criminal Law, Unlawful Activities (Prevention) Act
JudgesJustice A.M. Khanwilkar, Justice Ajay Rastogi
ActsNational Investigation Agency Act, 2008, Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, Narcotic Drugs and Psychotropic Substances Act, 1985, (6) and (7), Unlawful Activities (Prevention) Act, 1967

The respondent, a Kashmiri businessman named as Accused No. 10 in an NIA case of terror funding and conspiracy to wage war, was refused bail by the Designated Court. The charges were under Sections 120B, 121, 121A and 124A IPC and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the UAPA. The High Court granted bail after examining the prosecution material in detail. It treated the central document, a loose “green sheet” recording foreign receipts and disbursements (D-132(a)), as inadmissible, discarded Section 161 statements, and declined to consider the Section 164 statements of protected witnesses produced in a sealed cover. The NIA appealed.