Crl.A. No. 000667 / 2020
Under the UAPA read with the NIA Act, where a State Government has constituted a Special Court under Section 22 of the NIA Act for trial of scheduled offences, only such Special Court possesses exclusive jurisdiction to extend the period of detention beyond 90 days under Section 43-D(2)(b) — an order of extension passed by an Ilaqa Magistrate lacking such jurisdiction is void ab initio, and an accused's indefeasible right to default bail under Section 167(2) CrPC crystallises upon expiry of the 90-day period, remaining unextinguished by a subsequent charge sheet if a valid application for default bail was already pending. This analysis is brought to you by casestatus.in, tracking key Supreme Court pronouncements on liberty and jurisdiction in special legislation matters.