Arijit Pasayat, J. - (1.) The scope and ambit of S. 49(2) of the Prevention of Terrorism Act, 2002 (in short in POTA) fall for consideration in this appeal. Since the legal issue involved in this appeal relates to the question as to during what period prayer for police custody can be made, brief reference to the factual aspects is sufficient.
(2.) On 27-2-2002 some persons died at Godhra in the State of Gujarat and several persons were injured when allegedly a train was attacked and set ablaze. The First Information Report was lodged and various persons were arrested in connection with the alleged occurrence.
(3.) Initially, the case was registered for alleged commission of offences punishable under various provisions of Indian Penal Code, 1860 (in short the I.P.C.), Indian Railways Act, 1989 (in short the Railways Act) and the Prevention of Damage to Public Property Act, 1984 (in short the Public Property Act) read with S. 135 of the Bombay Police Act, 1951 (in short the Bombay Act). Subsequently, an application was filed in the Court of Judicial Magistrate, First Class, Railway seeking addition to offences punishable under S. 3(1)(a), (b) and 3(2) of the POTA. The appellant was arrested on 6-2-2003. He was remanded to police custody till 11-2-2003 and subsequently the police custody was extended till 13-2-2003. As the application for addition of offences covered by POTA was not pressed earlier, a subsequent application was filed and the Additional Sessions Judge accepted the prayer.;