- (1.) The petitioner has preferred this criminal revision challenging the order dated 6th July, 2011 passed by learned Sessions Judge, Darjeeling, in G.R. Case No.434 of 2010, by which learned Sessions Judge rejected the plea of juvenility of the petitioner.
(2.) Mr. B.R. Ghoshal, learned senior counsel appearing on behalf of the opposite party, National Investigating Agency, submits that the criminal revision under Section 482 of the Code of Criminal Procedure, 1973 is not maintainable in view of specific bar under Section 21 of the National Investigation Agency Act, 2008. On the other hand, Mr. Sandipan Ganguly, learned counsel appearing on behalf of the petitioner contends that the impugned order challenged in this criminal revision was passed by learned Sessions Judge, Darjeeling and not by learned Judge of the Special Court constituted under Section 11 of the National Investigation Agency Act, 2008 and as such, this criminal revision is maintainable in law.
(3.) It is relevant to mention Section 21 of the National Investigation Agency Act, 2008, which is as follows: "Appeals.-(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. (2) Every appeal under sub-section (1) shall be heard by a Bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. (3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order, of a Special Court. (4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail. (5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of period of ninety days.";