'Powers Of Central Agency Wider': Calcutta HC Orders Transfer Of Probe Into Birbhum Explosions To NIA
Live LawThe Calcutta High Court has recently ordered the transfer of investigation into explosions in Birbhum district to the National Investigation Agency from the Crime Investigation Department of State of West Bengal by holding that the central agency has precedence in the investigation of scheduled offence.A Bench comprising Justice Joymalya Bagchi and Justice Bivas Pattanayak vacated. The Calcutta High Court has recently ordered the transfer of investigation into explosions in Birbhum district to the National Investigation Agency from the Crime Investigation Department of State of West Bengal by holding that the central agency has precedence in the investigation of scheduled offence. The Court further opined that pursuant to Section 6 of the National Investigation Agency Act, 2008, the Central Agency has precedence in the investigation of scheduled offence. The Court further noted that Section 6 of the NIA Act requires the State Agency upon receipt of information which is registered as First Information Report in respect of scheduled offence to submit a report to N.I.A so that the central agency may take a decision whether to investigate the case or not depending on the gravity of the offence and other relevant factors.