Jharkhand High Court Holds Appeals Under NIA Act Not Maintainable Beyond 90-Day Limitation, Dismisses Amar Yasar’s Appeal
(Criminal Appeal (D.D) (filing No.) 26650 of 2025
By Rishika Sinha
The Jharkhand High Court has dismissed a criminal appeal filed by Amar Yasar/Appellant, holding that appeals under the National Investigation Agency (NIA) Act cannot be entertained beyond the statutory period of 90 days.
The case arose from an appeal challenging a trial court order dated July 17, 2025, which had extended the period of investigation in an ATS P.S Case No. 06/2025 registered for the offences under Sections 461(2)/113(i)(a)(iii)/152 of B.N.S. and under Sections 16/18/18B/20 of UA(P) Act and Sections 25(1-b)a/26(2)/35 of the Arms Act. However, the High Court Registry objected that the appeal had been filed after the expiry of the maximum limitation period prescribed under Section 21(5) of the NIA Act. The appellant contested the objection, arguing that Section 21(5) is directory and not mandatory. It was submitted that the use of the word “may” in the proviso allows the High Court to condone delay beyond 90 days by invoking Section 5 of the Limitation Act. Reliance was also placed on decisions of the Delhi High Court and the Jammu & Kashmir High Court, as well as certain Supreme Court orders permitting adjudication on merits despite delay.
The State, however, opposed the plea, relying on a prior Division Bench judgment of the Jharkhand High Court in Vimal Kumar Paswan v. State of Jharkhand, which had categorically held that appeals filed beyond 90 days under the NIA Act are not maintainable. A Division Bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan upheld the Registry’s objection and dismissed the appeal as time-barred.
