Transfer of a case to nia

chandana chandran (Querist) 22 June 2014 This query is : Resolved
The alleged crime occured in 1999, before the enactment of NIA Act, 2008. Moreover the investigation of the case has been completed and charge sheeted before the JFMC Court . The case is now under trial.Whether this case can be transferred to NIA for further investigation

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Devajyoti Barman (Expert) 22 June 2014
Now it is too late..it should have applied for immediately after submission of Charge Sheet.

Rajendra K Goyal (Expert) 22 June 2014
Agree with the expert.

Raj Kumar Makkad (Expert) 22 June 2014
I slightly differ with the opinion expressed above.

National Investigating Agency has been empowered to further investigate the cases even if the same is under trial. The power vests in NIA but whether the particular case under discussion has been handed over to NIA or not, is best known to querist.

chandana chandran (Querist) 23 June 2014
The above case is trnasferred to CBCID for investigation and the same is chargesheeted befoe the JFMC and not transferred to NIA yet. The alleged offence is under the Scheduled Offences of NIA ACT 2008.

Raj Kumar Makkad (Expert) 23 June 2014
The power of State cannot be restricted qua the issue of transfer to CBCID or NIA.

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