Abdul Azeez P V and others Vs. National Investigation Agency
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The Code of Criminal Procedure, 1973 - Section 167 (2)
Statutory bail - Claim for - On ground that final report not submitted - Offences 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 - Subsequently Section 153(A) of IPC and Section 13(1)(a)(b) and Section 18 of UAPA were also invoked - The materials adverted to show that it was a final report on the facets investigated into by the investigating agency - 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 - 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.
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