UAPA: Only Special Court/Session Court Empowered To Decide Bail Applications, Judicial Magistrate Has No Jurisdiction

Case: State of J&K through PS Bandipora Vs Hilal Ahmad Parray.

Coram: Justice Sanjay Dhar

Case No: CRMC No.474/2018

Court Observation: “The approach adopted by the learned Magistrate is palpably wrong and contrary to law, inasmuch as he has ignored the provisions contained in Section 22(2)(ii) of the NIA Act, which clearly provides that reference to “Agency” in sub-section (1) of Section 13 shall be construed as a reference to the “investigation agency of the State Government”

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Keywords

Decide Bail Applications, Judicial Magistrate Has No Jurisdiction