2014 (11) TMI 1246 - SC - Indian Laws

Grant of Statutory Bail - sanctions as required under Sections 18 and 18A of the UAPA - HELD THAT - The materials adverted to show that it was a final report on the facets investigated into by the investigating agency. Furthermore the requisite sanctions as required under Sections 18 and 18A of the UAPA and so also under Section 7 of the Explosive Substances Act were also accorded by the concerned authorities. The charge-sheet so filed before the learned Special Court was complete in all respects so as to enable the learned Special Court to take cognizance in the matter. Merely because certain facets of the matter called for further investigation it does not deem such report anything other than a final report. Section 167(2) of Cr.P.C. stood fully complied with and as such the petitioners are not entitled to statutory bail under Section 167(2) of Cr.P.C. SLP dismissed.

Summary

Issues:
Statutory bail under Section 167(2) of Cr.P.C. for accused petitioners due to delay in filing final report by investigating agency.

Analysis:
The accused petitioners, in this case, were arrested and charged under various sections of the Indian Penal Code, Arms Act, Explosive Substances Act, and the Unlawful Activities Prevention Act (UAPA). The case was later transferred to the National Investigating Agency (NIA) for further investigation. The investigating agency filed a charge-sheet against the petitioners, detailing the allegations and materials supporting the charges. The charge-sheet also mentioned the requisite sanctions obtained under the UAPA and the Explosive Substances Act. However, the charge-sheet indicated the need for further investigation to collect foreign bank transaction details, analyze call data records, and verify records related to a trust. The petitioners claimed statutory bail under Section 167(2) of the Cr.P.C., arguing that the final report was not filed within 180 days and certain details were yet to be verified.

The petitioners approached the Special Court, NIA Cases, seeking statutory bail, but their request was denied. They then appealed to the High Court of Kerala, which upheld the Special Court's decision, considering the materials disclosed in the charge-sheet as sufficient for it to be deemed a final report. The petitioners challenged this decision by filing a special leave petition before the Supreme Court.

Upon reviewing the charge-sheet and the circumstances of the case, the Supreme Court found that the charge-sheet filed by the investigating agency was complete and detailed enough to be considered a final report. The Court noted that the necessary sanctions under the UAPA and the Explosive Substances Act had been obtained. Despite the need for further investigation in certain aspects, the Court held that Section 167(2) of the Cr.P.C. had been complied with, and therefore, the petitioners were not entitled to statutory bail under that provision. Consequently, the Supreme Court dismissed the special leave petition, affirming the decisions of the lower courts regarding the denial of statutory bail to the accused petitioners.