In its judgment, the Court opined that appeals under Section 21 were a substantive right of either of the parties – accused and agency.
It elaborated that the offences in the Schedule of the NIA Act were punishable with imprisonment for life or death penalty, because of the seriousness of the offences.
“It is all the more necessary to ensure that an accused/the prosecution gets a right to test the correctness of the order passed by the Special Court in appeal, lest, injustice is caused to either of the parties, due to an unmerited order. Not only the accused, but even the prosecution should be able to approach the Appellate Court after the expiry of 90 days, on sufficient cause being shown for delay, as even closing the doors to the prosecuting agency can also lead to serious consequences, as the NIA Act is concerned with the national sovereignty, security and integrity of India.”
Source: Barandbench
