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National Investigation Agency, New Delhi vs. Owais Amin @ Cherry & Ors.

Not available · 2024 INSC 447Decided 17 May 2024
Not available
Justice M.M. Sundresh · Justice S.V.N. Bhatti

Background

The respondents were accused of attempting to ambush a CRPF convoy in Jammu & Kashmir in 2019 using a car laden with explosives, which detonated prematurely before the attack could succeed. After the case was re-registered and investigated by the NIA, they were charge-sheeted under provisions of the Ranbir Penal Code (RPC), the Unlawful Activities (Prevention) Act (UAPA), and the Explosive Substances Act. The Special Judge, NIA, refused to take cognizance of certain charges (including Section 120-B RPC relating to criminal conspiracy) on the ground that the District Magistrate's complaint enabling prosecution was not in the form prescribed by Section 4(1)(e) of the J&K Criminal Procedure Code, and the High Court of Jammu & Kashmir partly upheld this while remitting some other charges for fresh consideration. The NIA appealed to the Supreme Court against the refusal to take cognizance on the Section 120-B charge.

Decision Breakdown

The Supreme Court examined the timeline of the investigation and found that the chargesheet was filed and investigation completed on 25.09.2019, before the relevant new criminal procedure code (the Act, 2019) came into force in the Union Territory on 31.10.2019, meaning the older CrPC, 1989 (Jammu & Kashmir's code) was still in force when the case was at the cognizance stage. On this basis, the Court set aside the part of the High Court's judgment that had upheld the refusal to take cognizance of the Section 120-B RPC charge, and gave the NIA liberty to comply with the mandatory authorization procedure under Section 196-A of the CrPC, 1989, after which the trial court would be free to take cognizance of that charge and proceed with the trial. The appeal was thus allowed in part.

Lesson Learnt

Which procedural code applies to a criminal case is determined by the law in force at the time the relevant step (like completion of investigation) actually took place, not the law in force by the time the matter reaches the courts, getting this timeline right can decide whether an entire charge survives or falls.

Official source (sci.gov.in)View Judgment (PDF)

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