AIROnline 2024 SC 252

Supreme Court Of India

(From : AIROnline 2023 CAL 1880)

Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

(A) Unlawful Activities (Prevention) Act (37 of 1967) , S.20, S.38, S.43D(2)— Criminal P.C. (2 of 1974) , S.48— Offences under UAPA - Powers of sessions court - Addition of charges - Admittedly, case involved investigation by State police - Special Court is constituted by Central Govt. in exercise of power u/S. 11 (1) of NIA Act - Also, State Govt. has been given exclusive power delegated by virtue of S. 22(1) of NIA Act to constitute one or more Special Court for trial of offences under any or all enactments specified in Schedule - State had so far not exercised power conferred upon it by S. 22 of NIA Act for constituting a Special Court for trial of offences set out in Schedule to NIA Act - Therefore, Sessions Court within whose jurisdiction offence took place, would have power and jurisdiction to deal with case by virtue of S. 22 (3) of the NIA Act - Order whereby Sessions Court permitted addition of offences under UAPA was legal National Investigation Agency Act (34 of 2008) , S.11(1), S.22(1)— AIROnline 2023 CAL 1880-Reversed (Para 27 28 29 30) (B) Unlawful Activities (Prevention) Act (37 of 1967) , S.2(1)(d), S.20, S.38, S.43D(2)— Criminal P.C. (2 of 1974) , S.167(2....