Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 173(8), National Investigation Agency Act, 2008, Section 6(6) -- Further investigation - Addition of serious offences when accused is on bail - New offences under Unlawful Activities Act were added against accused - Central Government order issued in exercise of its power u/s 6(5) of the Act, by entrusting investigation to National..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take long time and accused is in..........
Telecom Regulatory Authority of India Act, 1997, Section 11, Constitution of India, 1950, Article 14 -- Spectrum auction - Notice - Decision relating to framing of policy for NIA - Central Government has ultimate authority to take decision relating to framing of policy for NIA and any recommendations of authority is not binding on Central Government - Moreover, such..........
Constitution of India, 1950, Article 14, 299 -- Spectrum auction - Tender - Legitimate expectation - NIA has stipulated capping and simultaneously allowed certain categories to bid for lesser quantum to enhance existing spectrum with them so that they can reach particular level - Therefore, if provided for particular area or zone having regard to necessity and interest of..........
Constitution of India, 1950, Article 226 -- Spectrum auction - Judicial review - Principle of judicial review cannot be denied so far as exercise of contractual powers of government bodies are concerned as it intend to prevent arbitrariness or favouritism and it is exercised in larger public interest or if it is brought to notice of Court that in matter of award of..........
National Investigation Agency Act, 2008, Section 2, 6, 8 -- Investigation by NIA - Held, NIA Act does not restrict the investigating agency to investigate or further investigate into the pending cases, it is retrospective in its application...........
National Investigation Agency Act, 2008, Section 6, Unlawful Activities (Prevention) Act, 1967, Section 15 -- Scheduled offence - Terrorist Act - Victim, a Professor, prepared question paper for examination of B.Com students, ridiculing Prophet Mohammed - Appellant-accused, along with other hatched conspiracy pursuant to which seven assailants formed unlawful assembly and..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), National Investigation Agency Act, 2008, Section 15, 22 -- Public prosecutor as mentioned in S.43D(2) Proviso includes public prosecutor appointed u/s 24(3) Cr.P.C. as well as public prosecutor or Special Public Prosecutor appointed under S.15 or 22(2)(i) of NIA Act - Report filed by public prosecutor attached to..........
