DR DHANANJAYA Y CHANDRACHUD,J. - (1.) This judgment has been divided into sections to facilitate analysis. They are: A. Facts B. Submissions C. Provisions of the NIA Act D. Continuation of investigation by the ATS Nanded E. CJM, Nanded 's jurisdiction for remand and committal to trial F. Conclusion A. Facts 1.1 This batch of two appeals arises from a judgment dated 5 July 2018 of a Division Bench of the High Court of Judicature at Bombay.
(2.) On 14 July 2016, an FIR(CR No 8 of 2016) was registered under Sections 120-B and 471 of the Indian Penal Code 1860( "IPC ") read with Sections 13, 16, 18, 18-B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act 1967( "UAPA ") and Sections 4, 5 and 6 of the Explosive Substances Act 1908( "ES Act "). It was registered with the Anti-Terrorism Squad( "ATS ") at the Kala Chowki Police Station Mumbai on the basis of written information provided by Manik Vitthal Rao Bedre(A Police Inspector in ATS, Nanded Unit, Nanded, Maharashtra), against two persons: (i) Naser Bin Abu Bakr Yafai (the appellant in the first of the two appeals(Criminal Appeal No 1165 of 2021)); and (ii) Farooq (who was residing in Syria). The complaint alleged that the ATS had received source information that Naser Bin Abu Bakr Yafai was in contact through the internet with members of the Islamic State( "IS ")/Islamic State of Iraq and Syria( "ISIS ")/Islamic State of Iraq and Levant( "ISIL ")/Daesh, terrorist organizations banned by the United Nations and the Indian Government. He was alleged to have been planning to assist Farooq (a member of IS/ISIS/ISIL/Daesh) in making bombs/IEDs to cause a blast during the month of Ramzan, for which he had procured the required material in July 2016. The ATS arrested four persons from Parbhani, namely: (i) Naser Bin Abu Bakr Yafai; (ii) Mohammad Shahed Khan (the appellant in the companion appeal(Criminal Appeal No 1166 of 2021)); (iii) Iqbal Ahmed; and (iv) Mohammad Raisuddin.
(3.) On 26 August 2016, the Government of Maharashtra, in exercise of powers conferred by Section 11 read with Section 185 of the Code of Criminal Procedure 1973( "CrPC ") issued a notification designating the Chief Judicial Magistrate( "CJM "), Nanded, as a Court of remand and the Court of Additional Sessions Judge( "ASJ "), Nanded, as a Special Court to try cases filed by the ATS Nanded.;