Law expects probe to be completed within prescribed time period, the court said (Representational)
A Delhi Court granted default bail to a lawyer accused in a Nation Investigation Agency (NIA) case due to the delay in filing of the charge sheet.
The case was lodged for alleged terror activities under sections related to Criminal Conspiracy and Unlawful Activities Prevention Act (UAPA) by the Delhi Police's Special Cell. Later, the investigation was taken up by the NIA.
The accused was arrested on October 18, 2022, and illegal weapons were recovered from him. This matter is related to Arshdeep Singh alias Dalla, who is hiding in Canada, and others.
Special judge Shailender Malik of the Patiala House Court granted bail to Asif Khan, a resident of Delhi, due to the delay in filing the charge sheet by the NIA.
The accused was charge-sheeted under Section 25 of the Arms Act read with Section 120-B of the Indian Penal Code (IPC).
"Admittedly charge sheet against the applicant has been filed on March 21 only for offences under section 120B of the Indian Penal Code and Section 25 of the Arms Act whereas investigation was completed after more than the 90 days period since when the accused was arrested," the judge said in the order on July 13.
The judge said, "Law expects that the investigation must be completed within the prescribed period under section 167(2) of the CrPC even under section 43D (2) of UAPA, Period from 90 to 180 days cannot be extended as a routine."
"So as at the stage of expiry of 60 or 90 days, investigating agency has the legal onus to check whether there is evidence to carry on Investigation from 60 to 90 days as well as in cases of UAPA from 90 days to further time," the judge observed.
The court said that it is evident that the accused was arrested on October 18, 2022, in the present case and an FIR was registered for offences under the UAPA as well as other offences. The investigation has been carried out for those offences as well as offences under the IPC and the Arms Act.
"Going by the offences for which the accused has been charged stated investigation for the offences against the accused ought to have been completed within 60 days of time from the time of his arrest," the judge said in the order.
It was argued by advocate Shivendra Kumar Sharma and Chirag Madan that the NIA could not complete the investigation within the prescribed period of 90 days and sought extension on two occasions and thereafter chargesheet was filed against Asif Khan, Arshdeep Singh Gill alias Arsh Dalla, Gaurav Patyal alias Sourav Thakur alias Lucky, Amit Dagar, Kaushal alias Naresh Choudhary etc.
During the course of the investigation, Asif Khan was arrested with an alleged recovery of a massive cache of weapons, including a automatic pistol along with a magazine, 10 empty cartridges, one country-made pistol along with its 10 live rounds, one country made pistol along with its nine live rounds, from his house.