State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA

National Investigation Agency Act, 2002; Section 22– State of West Bengal has so far not exercised the power conferred upon it by Section 22 of the NIA Act for constituting a Special Court for trial of offences set out in the Schedule to the NIA Act and hence, the Sessions Court within whose jurisdiction, the offence took place which would be the Chief Judge cum City Sessions Court in the case at hand, had the power 14 and jurisdiction to deal with the case by virtue of the sub-section (3) of Section 22 of the NIA Act. (Para 29)

UAPA Act ; Section 2(1)(d) and 43D(2)- the Chief Judge cum City Sessions Court had the jurisdiction to pass the order (permitted addition of offences under UAPA) . In view of the definition of the ‘Court’ provided under Section 2(1)(d) of UAPA, the jurisdictional Magistrate would also be clothed with the jurisdiction to deal with the remand of the accused albeit for a period of 90 days only because an express order of the Sessions Court or the Special Court, as the case may be, authorising remand beyond such period would be required by virtue of Section 43D(2) of UAPA. (Para 35,36)

Leave a Comment

Your email address will not be published. Required fields are marked *