Supreme Court of India

Naser Bin Abu Bakr Yafai v. The State of Maharashtra & Anr.

Neutral citation
Bench Dr. Dhananjaya Y Chandrachud, Vikram Nath and B. V. Nagarathna JJ.
Decided 20 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the CJM, Nanded could have committed the case to trial before the ASJ, Nanded upon the filing of charge-sheet by the ATS Nanded since they were the designated Courts for the ATS Nanded and no Special Court had been designated by the Government of Maharashtra under Section 22 of the NIA Act.

Judgment, page 40

From the headnote

National Investigation Agency Act, 2008: s.6 – Investigation by NIA – If the Central government is of the opinion that the offence is a scheduled offence and it is a fit case to be investigated by the NIA, it shall direct the NIA to investigate the offence – Upon the issuance of a direction by the Central government, two consequences emanate under sub-Section (6) of s.6: (a) the State government and any police officer of the State government investigating the offence shall not proceed with the investigation; and (b) the relevant documents and records must be transmitted to the NIA forthwith…

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