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Vipin Mittal vs National Investigating Agency on 12 April, 2023

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      BAIL APPLN. 1168/2023
       VIPIN MITTAL                                        ..... Petitioner
                          Through:       Mr. Siddharth Aggarwal, Sr. Adv.
                                         with Mr. Nipun Katyal & Mr.
                                         Chaitanya, Advs.

                          versus

       NATIONAL INVESTIGATING AGENCY                       ..... Respondent
                          Through:       Mr. Yudhivir Singh Chauhan, APP
                                         for the State.
                                         Ms. Shilpi Singh, SPP for NIA with
                                         Insp. Ajay Singh, AIO

       CORAM:
       HON'BLE MR. JUSTICE ANISH DAYAL
                          ORDER

%                         12.04.2023
CRL.M.A. 9431-32/2023

1. Exemptions are allowed subject to all just exceptions.

2. Applications stand disposed of.

1. This petition has been filed seeking regular bail in RC No.35/2022/NIA/DLI PS National Investigating Agency, under sections 8C/21C/23C/27A/29 of NDPS Act.

2. Issue notice. Learned SPP for the NIA accepts notice.

3. An objection has been raised at the very threshold by the learned counsel for the NIA adverting to section 21 of the NI Act, 2008. It is submitted that as per section 21 (1) read with 21 (2) of the Act, any appeal against an order passed by the Special Court shall lie before the Division Signature Not Verified Digitally Signed By:ANISH DAYAL Bench of this Court. It is submitted that since the bail order dated 28th February, 2023 passed by the Special Court is being impugned hereunder, section 21 would apply.

4. Ld. Sr. Counsel for the petitioner has refuted this submission by stating that the Special Judge which has passed this bail order is a Special Judge of NDPS and not the Special Court, as is defined under section 2(h) of the NI Act, 2008 and therefore, section 21 will not apply.

5. Learned SPP for the NIA shall address arguments on this issue on the next date.

1. This application has been filed seeking interim bail for the petitioner on the ground that the petitioner is suffering from blood cancer and has been undergoing chemotherapy from Maharaja Agrasen Hospital. Further, the petitioner has been falsely implicated in the present case and has clean antecedents and no previous background.

2. Issue notice. Learned SPP for the NIA accepts notice.

3. NIA shall file the status report before the next date of hearing. Medical report of the petitioner as also the updated nominal roll of the appellant be called for from the concerned Jail Superintendent and be placed on record well before the next date of hearing.

4. List on 8th May, 2023.

5. Order be uploaded on the website of this Court.

ANISH DAYAL, J APRIL 12, 2023/sm Signature Not Verified Digitally Signed By:ANISH DAYAL