Mon. Nov 30th, 2020

Syed Shahid Yousuf vs National Investigation Agency on 31 May, 2018

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1. The Appellant, who was arrested by the National Investigating Agency
(„NIA‟) in FIR No.RC-06/2011/NIA/DLI on 24th October 2017, and who
continues to remain in judicial custody as of date, challenges two orders
passed by the Special Court, NIA, Patiala House Courts, New Delhi dated
5th February 2018 and 7th March 2018. The contention of the Appellant is
that he is entitled to statutory bail under Section 167(2) Cr PC and that the
Special Court erred in rejecting the said prayer by its order dated

Crl.A. 426/2018 Page 1 of 22
7th March 2018.

Background
2. The aforementioned FIR has been registered under Sections 17, 18 and 20
of the Unlawful Activities Prevention Act, 1967 („UAPA‟) read with
Section 120B IPC. After his arrest, the Appellant was first produced before
the Special Court (NIA) on 25th October 2017. By an order on that date, he
was remanded to police custody for a period of six days. Inter alia, the
reasons given by the Special Court were that his remand till
1st November 2017 was necessary so as to “enable the NIA to unearth the
criminal conspiracy and link of accused Shahid Yousuf with proscribed
terrorist organization Hizb-ul-Mujahiddin. (HuM)”

Source: Indian Kanoon

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