Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 central section 39 offence relating to support given to a terrorist organisation Court: punjab and haryana Page 1 of about 1 results (0.120 seconds)

Kobad Gandhi Vs. State of Punjab

Court : Punjab and Haryana

..... 57 dated 23.1.2010 at police station sadar, patiala, district patiala for an offence punishable under sections 10, 13, 18 and 20 of the unlawful activities (prevention) act, 1967 and sections 419 and 120-b of indian penal code. 2. ..... learned counsel for the petitioner has further submitted that so far as the allegations are there constituting the offence under section 419 ipc, it is alleged that he was delivering the speed under fake identity of prof. ..... and as none was incited by the slogans, it was held that no offence under section 124-a and 153-a ipc has been committed. 4. ..... he has submitted that the offence under section 419 ipc is bailable. 5 ..... he was not alleged to have indulged in such activities as are alleged in the case of the petitioner ..... the case against the petitioner, in brief, is that he is a member of central committee of a banned party, named, cpi (maoist) and has been delivering speech to people exhorting them to disturb the unity and integrity of the state and to disturb peace. 3 ..... governor, delhi has made an order preventing his being taken to other states for attending the trial and this circumstance also does not make out a case for bail. ..... governor of delhi has made an order preventing the taking out of the petitioner from tihar jail for his appearance before any other court outside delhi till the case against him in delhi court is ..... of customs (marine and preventive), bombay v. ..... in support of his submissions, learned counsel for the petitioner has cited some other cases .....

Shinder Kaur Vs. State of Punjab

Court : Punjab and Haryana

..... , which was a case under unlawful activities (prevention) act, 1967, it was held by the hon'ble supreme court that as the investigation was not completed within 90 days and charge-sheet was not filed, the accused got a statutory right of grant of bail and right of accused for grant of statutory bail remained unaffected by subsequent filing of application for extension of time of investigation for a further period of 90 days in terms of section 167(2) cr.p.c.it is also held ..... he argued that as the extension was granted, therefore, the petitioner was not entitled for bail under section 167(2) cr.p.c.i have heard learned counsel for the petitioner and also learned assistant advocate general, punjab appearing for the respondent- state ..... no.m-40440 of 2013: the petitioner has filed this petition under section 439 cr.p.c.for grant of regular bail in case fir no.62 dated 23.4.2013 registered at police station city dhuri, district sangrur for the offence under section 22 of the narcotic drugs and psychotropic substances act, parmar harpal singh 2014.01.09 14:44 i attest to the accuracy and ..... that admittedly after the lapse of 180 days, the petitioner filed application under section 167(2) cr.p.c.at that time, challan was not presented in the court. ..... 40440 of 2013 [5].application under section 167 (2) cr.p.c.as the challan ..... no.m-40440 of 2013 [2].1985 (hereinafter referred to as `the act').learned counsel for the petitioner contends that the petitioner was arrested on 23.4.2013 and produced .....

Naresh Kumar Alias Nk Vs. State of Punjab

Court : Punjab and Haryana

..... ) 875, which was a case under unlawful activities (prevention) act, 1967, it was held by the hon'ble supreme court that as the investigation was not completed within 90 days and charge-sheet was not filed, the accused got a statutory right of grant of bail and right of accused for grant of statutory bail remained unaffected by subsequent filing of application for extension of time of investigation for a further period of 90 days in terms of section 167(2) cr.p.c.it is also held in this case that ..... the petitioner has filed this petition under section 439 cr.p.c.for grant of regular bail in case fir no.5 dated 7.1.2013 registered at police station sadar hoshiarpur, district hoshiarpur for the offence under section 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as `the act').learned counsel for the petitioner contended that the petitioner was arrested on 7.1.2013 and he filed application for grant of bail after the expiry of 180 days on 8.7.2013 ..... in view the above discussion, i find that a statutory right has accrued to the petitioner on 8.7.2013 when he filed the application under section 167 (2) cr.p.c.as the challan was not presented till then. ..... on the filing of the application by the petitioner under section 167(2) cr.p.c.on 8.7.201, no challan was presented and 180 days had ..... as per the order of the learned additional sessions judge allowing the extension of time for one month itself shows that no notice was given to the accused-petitioner. .....

Charanjit Singh Alias Channi Vs. State of Punjab

Court : Punjab and Haryana

..... ) 875, which was a case under unlawful activities (prevention) act, 1967, it was held by the hon'ble supreme court that as the investigation was not completed within 90 days and charge-sheet was not filed, the accused got a statutory right of grant of bail and right of accused for grant of statutory bail remained unaffected by subsequent filing of application for extension of time of investigation for a further period of 90 days in terms of section 167(2) cr.p.c.it is also held in this case that the ..... the petitioner has filed this petition under section 439 read with section 167(2) cr.p.c.for grant of regular bail in case fir no.46 dated 29.4.2013 registered at police station sadar, district kapurthala for the offence under section 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as `the act').learned counsel for the petitioner contends that the petitioner was arrested on 29.4.2013. ..... learned counsel argued that as per law the petitioner is entitled to bail under section 167(2) cr.p.c.and the application for extension, which was filed later on, should not have been allowed. ..... therefore, the petitioner got indefeasible right under section 167(2) cr.p.c.to get bail. ..... on 24.2.2014, application under section 167(2) cr.p.c.has been filed by the petitioner. ..... ) 452 (3 judges bench).in which it is stated that if charge-sheet is not filed within the period stipulated in section 167(2) cr.p.c. .....

Sukhwinder Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1990CriLJ1441

..... the aforesaid detention order was passed by under secretary to the government of punjab, home department, under section 3(3) of the conservation of foreign exchange and prevention of smuggling activities act (52 of 1974) (hereinafter referred to as the act), on the ground that the detenu at the instance of one amrik singh, a known smuggler brought 50 packets of heroin with the help of his three-co-villagers who acted as carriers and handed over the said heroin to bhira a truck driver of his village in 3rd week of september ..... however, the fact remains that in the instant case, information about the other unlawful activities of the detenu referred to above came to light during the interrogation of the aforesaid criminal case. ..... this petition under article 226/ 227 of the constitution of india read with section 482 of the code of criminal procedure relates to quashment of impugned detention order dated 31-5-1988 (annexure p-1), which was served on the petitioner on 18-6-1988.2. ..... the delay of about 18 days in serving the detention order on the detenu in the central jail, amritsar in the circumstances of the present case cannot be said to be without any sufficient cause.10. ..... i am further supported in my view from the authority in case vijay kumar v. ..... i find support in my view on this point by authority of the apex court in case kamal pramanik v. ..... i am supported in my view by the authority in case suraj pal sahu v. ..... i am supported in my view by the authority in case shiv ratan makim v. .....

Awantika Didwania Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : (2009)154PLR70

..... 2 under the provisions of section 3 (1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (herein referred as 'the cofeposa') issued against the husband of the petitioner namely manoj kumar didwania son of ram gopal did-wania, proprietor of the firm m/s western metal corporation engaged in the business of ..... the detention orders regarding deendayal didwania and his son navneet kumar didwania were revoked prior to their execution while exercising the powers vested under section 11 of cofeposa by the central vide annexures p-l and p-2, but the order against the present detenue was not revoked which is highly discriminatory, illegal, malafide, tainted and ..... the law of preventive detention, which seeks to curtail the liberty of a person on the ground that there is likelihood or apprehension of a person indulging in unlawful activities in case he is not subjected to confinement, is indeed a draconian measure which is the very ante thesis of protection of life and liberty as enshrined in ..... has been issued for a wrong purpose because the detenue is not in any manner connected or related with smuggling of any goods, nor he dealt with any goods. ..... in this regard, he has referred to the magna carta given by the apex court in case additional secretary to the government of india and ..... by the sarpanch certifying that she is the resident of village jhumpa lends support of her claim. ..... detention is not to punish but to prevent the commission of certain offences. .....

Daljit Singh Alias Bittu Vs. State of Punjab

Court : Punjab and Haryana

..... for the offences under sections 17, 18, 18-b, 20, 22, 38, 39 and 40 of unlawful activities (prevention) act, 1967; section 25 of the arms act and sections 3, 4 and 5 of the explosives act, 1884. ..... it is admitted by the learned assistant advocate general that any of this literature is banned literature or containing anything inciting or abetting any general public to wage war or to commit the bomb blasts or indulge in unlawful activities etc.similarly, receipt of donations in favour of akali dal panch pardhani party, to which the petitioner is the president and recovery of one video camera, three central processing unit (cpu).one monitor, recorded vcds and blank vcds, is not incriminating material. ..... he is threatening the witnesses of the cases and also planning to revive terrorist activities by causing bombs explosions etc.he is also in touch with the terrorists organizations. ..... daljit singh alias bittu petitioner has filed this petition under section 439(1) cr.p.c.read with section 482 cr.p.c.for grant of regular bail in case fir no.183 dated 21.9.2012 registered at police station, division no.5, ..... as per allegations, the petitioner is helping the terrorists etc.in their cases pending before the courts. ..... then a list of cases has been given in which it is stated that he is helping in those cases ..... no way, this amount can be treated as a big amount for indulging in such type of activities. ..... is also debatable whether helping in legal cases to some persons amounts to commission of offence. .....

Manpreet Singh Gill Vs. Kuljit Singh

Court : Punjab and Haryana

..... provisions of any law relating to corrupt practices and other offences in connection with elections; or (d) has been convicted of an offence punishable under:- (i) the protection of civil rights act, 1955; or (ii) the unlawful offences (prevention) act, 1967; or (iii) the dowry prohibition act, 1962; or (iv) the terrorist and disruptive activities (prevention) act, 1987; or (v) the religious institutions (prevention of misuse) act, 1988; or (vi) any law providing for the prevention of profiteering and hoarding; or (vii) any law relating to the adulteration of ..... ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll' the electoral registration officer, shall, subject to such general or special directions, if any, as may be given by the election commission in this behalf, amend, transpose or delete the entry: provided that before taking any action on a ground specified under clause (a) or clause (b) or under clause (c), except in the case ..... (zg) of section 2 of the punjab panchayati raj act, 1994 (punjab act no.9 of 1994) or a member of the municipality unless a period of five years has elapsed since his conviction; or (m) if he is registered as a habitual offender under the punjab habitual offenders (control and reform ) act, 1952 (punjab act no.12 of 1952), or any other law for the time being in force; or (n) if he has been convicted of an offence under the protection of civil rights act, 1955 (central act no.22 of 1955 .....

In Re: Hardial Singh S/O Rallia Singh

Court : Punjab and Haryana

Reported in : 1949CriLJ370

..... indulging in prejudicial activities or were otherwise conducting them-selves in such a manner as to give rise to the belief that with a view to preventing them from acting in any manner prejudicial to the public safety or the maintenance of public order it was necessary to isolate them from the public and to place them in detention,, there should be no valid objection to an action being taken against them under section 3, punjab public safety act, merely because ..... of the petition as to the petitioner not being connected with any political organisation or party having never dealt with any public affair whatsoever which might be considered to be in any way concerned with public safety or public order was categorically denied and it was stated that the detenu was reasonably suspected to be associated with subversive activities, and that, in the interests of public safety and maintenance of law ..... sub-section (43)(a), general clauses act of 1897, as modified by the adaptation order of 1937, in relation to a chief commissioner's province as the central government ..... the only ground given in the petitions as well as in the affidavits in support of the contention as to the arrests being mala fides is that the arresting officers had passed orders for the mass ..... unlawful, the proper course for the government to adopt was to try and prosecute them under the criminal law amendment act and that their detention under the safety act ..... was also prosecuting for a criminal offence; that on 24th may 1948 .....

Simranjit Singh Mann Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : 2002CriLJ3368

..... section 3(5) of pota was added to section 3 of the 1987 act by the 'terrorist and disruptive activities (prevention) amendment act ..... terrorist gang or a terrorist organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which may extend to imprisonment for life, or with fine which may extend to rupees ten lakh, or with both.explanation -- for the purposes of this sub-section, 'terrorist organisation' means an organisation ..... to deal with the offenders indulging in terrorist and disruptive activities, secondly that the incensed offences are arising out of the activities of the terrorists and disruptionists which disrupt or are intended to disrupt even the sovereignty and territorial integrity of india or which may bring about or support any claim for the cession of any ..... sovereignty of india or to strike terror in the people or any section of people does any act or thing by using bombs, dynamite or other explosive substances...of a hazardous nature or by any other means whatsoever...or 'is and continues to be a member of an association declared unlawful under' a statute cannot justifiably complain of discrimination when he is treated ..... a special court, if on an application made by a witness in any proceeding before it or by the public prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it may, ..... by a judge to be appointed by the central government or as the case may be, the ..... given .....