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The Calcutta High Court on Thursday ordered transfer of the investigation into two incidents of explosions in West Bengal’s Birbhum district in August 2019 to the National Investigation Agency (NIA) from the state police saying that the federal agency has precedence in inquiring into scheduled offences.
Vacating an earlier stay by a single bench on the probe, a division bench comprising Justices Joymalya Bagchi and Bivas Pattanayak in an interim order directed the police’s Crime Investigation Department (CID) to cooperate with the NIA and transfer all documents related to the probe into the 2019 explosions in two residential houses.
“An investigation by the central agency whose powers are much wider than the state police would be more effective and enure justice,” the bench observed in its order.
Noting that the central agency has precedence in probing scheduled offences as laid down in Section 6 of the NIA Act, the bench said, “A prima facie case for transfer of investigation in favour of NIA has been made out (sic).” Among the scheduled offences which can be investigated by NIA are those under the Explosive Substances Act.
The matter will be heard again on May 10.
The CID was probing the explosions in a house at Sadaipur in August 2019 and at another house at Lokpur in September that year.
The bench noted that the NIA Act requires a state police to submit a report upon registration of an FIR with regards to scheduled offences so that the central agency may take a decision whether to investigate the case or not. “It appears that no such report was submitted by the state agency to the NIA,” the bench said.