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Non-Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO.7733 OF 2014

ABDUL AZEEZ P V. AND OTHERS ….  Petitioners

Versus

NATIONAL INVESTIGATION AGENCY …. Respondent

O R D E R

1. The petitioners herein are accused Nos.1 to 21 in Crime No.276  

of 2013 of Mayyil Police Station, registered under Sections 143, 147,  

153(B) r/w Section 149 of the Indian Penal Code, u/s 5(1) r/w Section  

25(1)(a) of the Arms Act, u/s 4 and 5 of the Explosive Substances Act  

and  under  Section  18  of  the  Unlawful  Activities  Prevention  Act  

(“UAPA”  for  short).   Subsequently  Section  153(A)  of  IPC  and  

Section 13(1)(a)(b) and Section 18 of the UAPA were also invoked  

and the case was transferred to National  Investigating Agency (for  

short ‘NIA’) for further investigation.

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2. The petitioners were arrested on 24.04.2013 and since then are  

in custody.  After completion of investigation charge-sheet was filed  

by the NIA on 19.10.2013 against the petitioners.  The charge-sheet,  

inter alia, stated the allegations against each of the petitioners and the  

materials on the basis of which such allegations were leveled.  It also  

stated  in  paragraphs  18.2  and  18.3  that  requisite  sanction  under  

Sections 18 and 18A of the UAPA was accorded by the Ministry of  

Home Affairs, Government of India, vide order dated 17.10.2013 and  

also that sanction under Section 7 of the Explosive Substances Act  

was accorded by the District Magistrate, Kannur vide his order dated  

15.10.2013.  In paragraph 18.6 of the charge-sheet it was stated to the  

following effect:

“Foreign bank transaction details are to be collected and  the  call  Data  Records  have  to  be  further  analysed.  Records pertaining to Thanal Foundation Trust need to  be collected and verified.  Hence, further investigation is  inevitable and is in progress.  Additional list of witnesses,  additional statements of witnesses and additional list of  documents will be filed in due course.  Hence it is also  prayed that further investigation u/s 173(8) Cr.P.C. may  kindly be permitted.”

3.  The  petitioners  filed  Criminal  M.C.  No.100  of  2013  on  

22.10.2013 before the learned Special Court, NIA Cases submitting  

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that they were entitled to get statutory bail under Section 167(2) of the  

Code of Criminal Procedure (for short “ Cr.P.C.”)  inasmuch as the  

investigating agency had failed to file the final report within 180 days.  

It  was  further  submitted  that  the  bank  account  details  and  mobile  

phone call details of the petitioners, as stated in the charge-sheet itself,  

were yet to be verified and that the charge-sheet filed on 19.10.2013  

was not a final report  as contemplated under Section 173(2) Cr.P.C.  

The submissions  were negated by the learned Special  Court  by its  

order dated 04.11.2013 holding that the petitioners were not entitled to  

statutory  bail  under  Section  167(2)  Cr.P.C.,  which  view  was  

challenged by filing Criminal Appeal No.1711 of 2013 in the High  

Court  of  Kerala  at  Ernakulam.   The  High  Court  went  through  

paragraph  Nos.17.1.,  17.2,  17.3  and  17.8  of  the  charge-sheet  and  

found that the materials so disclosed and adverted to in the charge-

sheet  did  show that  it  was  a  final  report.   The  High  Court,  thus,  

dismissed the appeal.  The present special leave petition has been filed  

to challenge the view taken by the High Court.

4. Having gone through the charge-sheet, we are not persuaded to  

take a different view.  The materials adverted to show that it was a  

final report on the facets investigated into by the investigating agency.  

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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.  In our opinion 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.

5. The special leave petition is, therefore, dismissed.

………………………..J.  (Dipak Misra)

………………………..J. (Uday Umesh Lalit)

New Delhi, November 14, 2014

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