Judgment Search Results Home > Cases Phrase: the kerala antisocial activities prevention act 2007 Court: supreme court of india Page 1 of about 582 results (0.135 seconds)

Dropti Devi and anr. Vs. Union of India and ors

Court : Supreme Court of India

..... . from the objects and reasons of the cofeposa act, it is apparent that the purpose of the act is to prevent violation of foreign exchange regulations or smuggling activities which are having increasingly deleterious effect on the national economy and thereby serious effect on the security of the state.section 3 of the cofeposa act, which is not amended or repealed, empowers the authority to exercise its power of detention with a view to preventing any person inter alia from acting in any manner prejudicial to the conservation or augmentation of foreign exchange ..... a view to preventing him from acting in any manner prejudicial to the conservation and augmentation of foreign exchange in future, it is necessary to make the following order:-now, therefore, in exercise of the powers conferred by section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (as amended), i direct that the said shri raj kumar aggarwal @ munna , be detained and kept in custody in the central jail, tihar, new delhi.sd/-(rasheda hussain)joint secretary to the government of india"3. the above detention order came to be passed in the backdrop of the following events ..... . state of kerala, (1973) 4 scc 225) - infringe the basic structure of the constitution, no serious attempt was made during the course of arguments to substantiate it ..... . it provided for preventive detention of these antisocial elements" .....

Mustakmiya Jabbarmiya Shaikh Vs. M.M. Mehta, Commissioner of Police an ...

Court : Supreme Court of India

Reported in : 1995(3)Crimes18(SC); (1995)2GLR1268; JT1995(4)SC215; 1995(2)SCALE376; (1995)3SCC237; 1995(1)LC792(SC)

..... on the basis of the aforementioned cases and material connected therewith as well as on the basis of statements of four witnesses the detaining authority came to the conclusion that the petitioner is an antisocial element and a dangerous person within the definition of section 2(c) of the act who is habitually engaged in committing and attempting to commit violent activities and creating an atmosphere of fear by keeping fire arms without pass/permit and with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order passed the impugned order of detention.4. ..... this writ petition under article 32 of the constitution of india has been filed by the petitioner challenging the correctness and validity of the detention order dated 19th august, 1994 passed by the commissioner of police, shahibagh, ahmedabad city, detaining the petitioner in exercise of the powers conferred on him under sub-section (1) of section 3 of the gujarat prevention of anti-social activities act 1985 (hereinafter referred to as the act) with a view to preventing the petitioner-detenu from acting in any manner prejudicial to the maintenance of public order in the area of ahmedabad city. ..... state of kerala : 1981crilj337 this court had an occasion to deal with expressions like 'bad habit', 'habitual', 'desperate', 'dangerous', and 'hazardous' this court observed that the word habit implies frequent and usual practice. .....

Yakub Abdul Razak Memon. Vs. the State of Maharashtra, Through Cbi , B ...

Court : Supreme Court of India

..... sathasivam, j.1) this appeal and the connected matters have been directed against thefinal orders and judgments of conviction and sentence passed on variousdates by the presiding officer of the designated court under terrorist anddisruptive activities (prevention) act, 1987 (in short 'the tada') forbombay bomb blast case, greater bombay in bbc no. ..... . it is also relevant to point out that the saidorder dated 27.07.2007 was pronounced in open court and signed and dated bythe designated judge in compliance with the requirements of the saidsection.49) regarding the requirement of providing a copy of the judgmentimmediately as required by the provisions of section 363, the designatedjudge in para 61 of part 46 of the final judgment has dealt with the sameas follows:- "having regard to the same, the word used "immediately" in sub-sec ..... . state of kerala, (2001) 7 scc596, this court held: "like most crimes, conspiracy requires an act (actus reus) and an accompanying mental state (mens rea) ..... . state of kerala, (2005) 12 scc 631, thiscourt held: "11 .....

State of Maharashtra Vs. Siraz Ahmed Nisar Ahmed and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1859; JT2007(6)SC482; 2007(6)SCALE621; (2007)5SCC161

..... the state of maharashtra has preferred this appeal under the provisions of section 19 of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'tada act') challenging the judgment and order dated 5.10.1995 passed by the additional judge, designated court for greater bombay in tada special case no. ..... rule 15 of the terrorist and disruptive activities (prevention) rules, 1987 (for short 'the tada rules') lays down the mode of recording the confession and rule 15(3)(b) requires the police officer to make a memorandum at the end of the confession to the effect that he has explained to the maker that he is not bound to make the confession and that the confession, if made by him, may be used against him; and that he has recorded the confession only on being satisfied that it was voluntarily made. ..... 1-abdul hamza, who hailed from kerala, was also informed about the purpose for which the car was to be purchased. ..... by way of caution, they decided to purchase the vehicle in the name of a person who had come to mumbai from kerala; accused no. ..... thereafter he wanted to sell it; therefore, he approached the vehicle dealer hanifbhai and hanifbhai sold the car to a person from kerala and paid to him rs. .....

PulIn Das @ Panna Koch Vs. State of Assam

Court : Supreme Court of India

Reported in : 2008(56)BLJR1201; 2008CriLJ2070; JT2008(2)SC574; 2008(2)SCALE729; (2008)5SCC89; 2008AIRSCW1578; (2008)2SCC(Cri)520; 2008(1)Crimes424; 2008(2)Supreme98; 2008(5)LH(SC)3338

..... these appeals, under section 19 of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'the tada act') are directed against the common judgment dated 19.04.2007 of the designated judge at assam, gauhati in tada sessions case no. ..... superintendent of police, who were examined, whisper a word about the banned organization - ulfa and the alleged unlawful activities of the accused persons in terms of section 3(1) of the act. ..... under section 3 of tada in order there is a terrorist act three essential conditions must be present and these are contained in sub-section (1) of section 3 - (1) criminal activity must be committed with the requisite intention or motive, (2) weapons must have been used, and (3) consequence must have ensued.8. ..... section 20a was thus introduced in the act with a view to prevent the abuse of the provisions of tada. 13. ..... 836 of 2007 for offences under section 3(2)(ii) of the tada act and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of rs. .....

Vijaykumar Baldev Mishra @ Sharma Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2008SC961; 2008CriLJ1409; JT2007(7)SC206; 2007(7)SCALE486; (2008)3SCC(Cri)362; 2008(1)KCCRSN13; ].2008AIRSCW492

..... . the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'the act') stated initially in section 1(4) thereof that the said act will remain in operation for a period of two years from 24.5.1987, but thereafter by amendments from time to time the period of two years was extended to four years, then six years and lastly for eight years ..... , however, along with others, were also charged under terrorist and disruptive activities (prevention) act (hereinafter referred to as tada').2. ..... in fact, from the record it has also been seen that the provision of the said tada act also could not be said to be attracted as the said provision cannot be invoked nor could the activities be said to be disruptive activities as the said incident seems to have taken place because of the personal rivalry and as held by the hon'ble supreme court in the case of state ..... section shows that the person who does any act by using any of the substances enumerated in the sub-section in any such manner as are specified in the sub section, cannot be said to commit a terrorist act unless the act is done 'with intent' to do any of the four things: (1) to overawe the government as by law established; or (2) to strike terror in people or any section of the people; or (3) to alienate any section of the people; or (4) to adversely affect the harmony amongst different sections of the people11. mr. r.k. adsure, learned counsel appearing on behalf of the state supported the contention of .....

State of Rajasthan Vs. Ajit Singh and ors.

Court : Supreme Court of India

Reported in : 2008CriLJ364; JT2007(12)SC102; (2008)1SCC601

..... this appeal under section 19 of the terrorist and disruptive activities (prevention) act 1987 (hereinafter referred to as the 'act') has been filed against the judgment of the designated court dated 2nd december 2000 whereby all the accused have been acquitted for offences punishable under sections 3(3) & 4(1) of the act though ajit singh alone has been convicted under rule 3/6 of the pass port rules 1950 and awarded a sentence of 6 months simple imprisonment. ..... referring to the value of the confessions made by the seven accused, he has pointed out that they were not voluntary, and had subsequently been retracted, and the story projected was inherently improbable and that rule 15 of the terrorist and disruptive activities (prevention) rules, 1987 hereinafter called 'the rules' which required strict compliance with the safeguards stipulated therein before a confession could be recorded, too had been violated. ..... - (1) whoever commits or conspires or attempts to commit or abets, advocates, advises, or knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine. .....

Sanjay Dutt Vs. State of Maharashtra Tr. Cbi, Bombay

Court : Supreme Court of India

Reported in : 2009(57)BLJR1608; 2009(111)BomLR2116; 2009CriLJ2785; (2009)3GLR1833(SC); JT2009(4)SC614; 2009(4)SCALE369; (2009)5SCC787; 2009(4)LC2036(SC)

..... 1/93 (bombay blast case) before the special judge, tada (mumbai), was charged under various sections of terrorist and disruptive activities (prevention) act (tada) such as section 3(3), section 5 and section 6 and also for the offence under section 3 and section 7 read with sections 25(1a) and 25(1b) of the arms act, 1959. ..... though our attention was drawn to the various findings recorded by the special judge and also the nature of evidence adduced by the prosecution, we do not propose to consider these facts at this stage as it may seriously prejudice either of the parties when the appeal filed by the petitioner is considered by this court. ..... it was argued that the finding of the designated court would show that offence, if any, allegedly found against the petitioner was not even connected with other offences for which other accused were charged and, in that event, section 15 of the tada itself would not be attracted and the confession allegedly made by the petitioner to the police officer was not ..... in the petition it is stated that he belongs to a family which has been in long public service in the country and the petitioner is now desirous of contesting election to the house of people from lucknow parliament constituency and in view of section 8(3) of the representation of people act, 1951, he has incurred disqualification from contesting the election for becoming a member of either house of ..... pending consideration of that appeal, the petitioner was granted bail on 28.2.2007.2. .....

Balbir Singh Vs. State of Delhi

Court : Supreme Court of India

Reported in : AIR2007SC2397; 2007CriLJ3507; [2007(4)JCR51(SC)]; 2007(8)SCALE642; (2007)6SCC226

..... challenge in this appeal is to the judgment rendered by a learned judge, designated court ii, delhi, in sessions case no.48 of 2001 holding that the proceedings can be legally continued against the appellant and took cognizance of offence punishable under sections 3, 4, 5 and 6 of the terrorist and disruptive activities (prevention) act, 1987 (in short the tada act') and sections 25 and 26 of the arms act, 1959 (in short the 'arms act').2. ..... by order dated 19.4.1997 the designated court held that in absence of sanction of the commissioner of police as required under sub-section (2) of section 20a of tada act, the proceedings were non est and the cognizance taken by the court for offences under the tada act was bad in law.3. ..... at the most the periods of time prescribed in those decisions can be taken by the courts seized of the trial or proceedings to act as reminders when they may be persuaded to apply their judicial mind to the facts and circumstances of the case before them and determine by taking into consideration the several relevant factors as pointed out in ar. ..... section 20a(2) of the act reads as follows:no court shall take cognizance of any offence under this act without the previous sanction of the inspector general of police, or as the case may be, the commissioner of police.9. .....

Mohmed AmIn @ AmIn Choteli Rahim Miyan Shaikh and anr. Vs. C.B.i. Thro ...

Court : Supreme Court of India

Reported in : 2009(57)BLJR529; 2008(6)LHSC4434

..... a-4, a-5, a-6, a-7, a-8, a-10 and a-11 respectively) are directed against judgment dated 6.2.2007 of the designated judge (tada), ahmedabad (hereinafter referred to as `trial court') whereby they were acquitted of charges under section 3 and 5 of the terrorist and disruptive activities (prevention) act, 1987 (for short `the act') but were held guilty of different offences under the indian penal code (for short `ipc') and sentenced to life imprisonment. ..... more so when the prevention of corruption act, 1988 under section 17 and the immoral traffic prevention act, 1956 under section 13, authorise only a police officer of a specified rank to investigate the offences under those specified acts. ..... the preamble of the tada act itself reveals that this act makes special provisions for the prevention of and for coping with terrorists and disruptive activities. ..... where in pursuance of the agreement the conspirators commit offences individually or adopt illegal means to do a legal act which has a nexus to the object of conspiracy, all of them will be liable for such offences even if some of them have not actively participated in the commission of those offence.... .....