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CRIL. APPEAL NOS. 11 OF 2024 & 12 OF 2024 :

MC(CRL.A.) NOS. 23 OF 2024 & 24 OF 2024 [27] On a plain reading of the provisions of Section 21 of NIA Act, especially sub section (5) thereof, it is clear that the stipulation for filing of the appeal within 30 days and in no case, beyond the period of 90 days, in any circumstances, is mandatory and the appeal must be instituted within this time period. However, we are in agreement with the submission of the learned Advocate General to the effect that, the provisions of Section 470 CrPC as regards the exclusion of time taken, such as litigation in wrong forum and period of stay granted by court, etc., ought to be excluded from calculating the period of limitation. This view is fortified by the specific stipulation of Section 16(3) of NIA Act which provides for applicability of the provisions of CrPC in a trial before NIA court.

MC(CRL.A.) NOS. 23 OF 2024 & 24 OF 2024 terms of the provisions of Section 470(1)&(2) CrPC, providing for exclusion of the time spent in adjudicating before the wrong forum and the period of stay granted by the learned Special Judge (NIA), Imphal West as well as by learned Single Judge, we hold that the appeals filed on 29.06.2024 before this Court are within the stipulated period of limitation. [30] On a bare perusal of the common impugned order dated 28.03.2023, it is seen that the bail applications were allowed under the provisions of Section 167(2) CrPC by holding that the subject chargesheet was filed without obtaining prosecution sanction order and as such, it is an incomplete chargesheet, and resultantly, the accused is entitled to default bail.