Court : Mumbai
..... / 2008 lodged at azad nagar police station, malegaon on 30.09.2008 for offences punishable under sections 302, 307, 324, 326, 427, 153a, 120b of the indian penal code r/w sections 3, 4, 5, 6 of the indian explosive substance act, 1908 r/w sections 3, 5, 25 of the arms act, 1959 r/w sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 along with ten other accused in the wake of a bomb blast that took place on 29.09.2008 at malegaon, district : nashik. ..... it is stated that thereafter, on 22.01.2009, the learned special (mcoca) court, mumbai took the cognizance of the crime and issued process under sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of the mcoc act along with various other sections of the indian penal code, arms act and also under sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 and the matter was numbered as special case no.1/2009 by the special (mcoca) court, mumbai. ..... the preamble to the unlawful activities (prevention) act, 1967 indicates that the act seeks to provide for the more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and for matters connected therewith ..... one of the acts mentioned in the schedule to the nia act is the unlawful activities (prevention) act, 1967 which deals with cross border and international terrorism and measures to combat the same, which extends not only to persons committing the act in india but also .....
Tag this Judgment!Court : Supreme Court of India
..... the proposition of law, wherein it is provided that ilaqa magistrate has no jurisdiction to entertain any application for extension the period of investigation or granting bail u/s 167 (2) cr.p.c in default of presentation of challan u/s 45 d (2) unlawful activities (prevention act 1967) and in view of the notification supra passed by government of punjab, to deal with the cases of unlawful activities act, court of session or court of additional session judge, in every district has been designated to try the said cases, so the application for seeking extension of time for filing challan ..... 2.in an f.i.r dated 18.11.2018, involving sections 302, 307, 452, 427, 341, 34 of the indian penal code read with section 25 of the arms act, 1959, sections 3, 4, 5, 6 of the explosive substances act, 1908 and section 13 of the unlawful activities (prevention) act, 1967, it was stated as follows: i am a resident of above address and doing the business of furniture at nehru complex, amritsar. ..... later, on 26.03.2019, a charge sheet was filed before the learned special judge after police investigation, in which sections 302, 307, 452, 427, 341, 34 of the indian penal code read with section 25 of the arms act, 1959, sections 3, 4, 5, 6 of the explosive substances act, 1908 and sections 13, 16, 18, 18-b and 20 of the unlawful activities (prevention) act, 1967 were invoked for offences that were committed pursuant to investigation of the fir lodged on 18.11.2018. .....
Tag this Judgment!Court : Supreme Court of India
..... to the afspa it is stated that the justice jeevan reddy committee was set up by the government of india in 2004 and it submitted a report on 6th june, 2005 recommending the repeal of afspa and suggesting amendments to the unlawful activities (prevention) act, 1967 (for short the uapa ) to achieve the purpose of afspa. ..... unlawful activities (prevention) act, 1967 (hereafter the uapa ) is concerned, inter alia, with cession and secession of a part of the territory of india and terrorist activities ..... the unlawful activities (prevention) act, 1967 99. ..... any association, (i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is punishable under section 153-a or section 153-b of the indian penal code (45 of 1860), or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity : provided that nothing contained in sub-clause (ii) shall apply to ..... (o) unlawful activity , in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory .....
Tag this Judgment!Court : Andhra Pradesh
..... of fake indian currency notes, is resulting in loss and damage to government property, and using the money realized by them through such circulation of fake indian currency notes, for raising funds for terrorist activities, which constitute terrorist act, within the meaning of section 15 of the unlawful activities (prevention) act, 1967, and for such acts, they are liable for punishment under sections 489-b, 489-c r/w section 120-b and sections 16 and 17 of the unlawful activities (prevention) act, 1967. ..... he further submitted that the activities of the respondents-accused fall within the ambit of "terrorist act" as described in section 15 of the unlawful activities (prevention) act, 1967, and as such, they are liable for punishment under sections ..... the appellant, the respondents-accused along with accused no.1 and other accused are punishable for the offences under sections 489-b, 489-c r/w section 120-b ipc and sections 16 and 18 of the unlawful activities (prevention) act, 1967. ..... and under sections 16 and 18 of the unlawful activities (prevention) act, which are grave and serious in nature and not bailable, while the other accused who were granted bail were charged for the offence punishable under ..... the case is over and charge sheet is also filed, and as such, there is no need to keep the respondents-accused in custody for a period of upto 180 days in view of the provisions of section 43-d of the unlawful activities (prevention) act, by application of modified section 167 cr.p.c. .....
Tag this Judgment!Court : Chennai
..... & mrs.a.srijayanthy, govt.advocate * * * common order elipe dharma rao, j.the order of the tribunal under the unlawful activities (prevention) act, 1967, dated 12.11.2010, thereby confirming the declaration made by the central government, vide notification dated 14.5.2010, in exercise of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the act), declaring the liberation tigers of tamil eelam (in short ltte), is under challenge in both these writ petitions.2. ..... the registrar, the tribunal under the unlawful activities (prevention) act, 1967, delhi high court building, sher shah road, new delhi 110 003 ..... the tribunal under the unlawful activities (prevention) act, 1967, represented by its registrar, delhi high court building, sher shah road, new delhi-110003. .. ..... entire world and since sri lanka is not part of indian territory, the object of establishment of tamil eelam is not intended to take even an inch of land belonging to indian territory and therefore, branding and declaring ltte as an unlawful association is illegal as the materials did not satisfy the ingredients of 'unlawful activity' as defined under section 2 of the unlawful activities (prevention) act.8. ..... the unlawful activities (prevention) tribunal, delhi high court building, sher shah road, new delhi, rep.by the registrar .. .....
Tag this Judgment!Court : Karnataka
..... submission made by the learned spp-ii for the respondent state, any observations made in this order shall not come in the way of the investigation being conducted by the investigating agency under the provisions of the unlawful activities (prevention) act, 1967 and so also, under section 120-b of ipc relating to laying of additional charge sheet, if any, as contemplated under section 173(8) of cr.p.c. ..... it is also contended that the investigating agency by invoking the relevant provisions of unlawful activities (prevention) act, 1967 and so also, under section 120-b of ipc are seeking permission to file additional charge as contemplated under section 173(8) of cr.p.c ..... he further contends that as the provisions of the unlawful activities (prevention) act, 1967 are invoked, the period of limitation to file the charge sheet is 180 days and in view of the continuing investigation, if the accused petitioners are released on bail, it may hamper the investigation process ..... the course of investigation the investigating agency had invoked the provisions of the unlawful activities (prevention) act, 1967 and also section 120(b) of ipc.14. ..... has added sections 13, 16, 18 of the unlawful activities (prevention) act, 1967 as the accused persons are involved in organized crime and they are the members of the organized crime syndicate and committed the conspiracy under section 120(b) of ..... : the provisions of unlawful activities (prevention) act, 1967 and so also, section 120-b of ipc have been .....
Tag this Judgment!Court : Karnataka
..... submission made by the learned spp-ii for the respondent state, any observations made in this order shall not come in the way of the investigation being conducted by the investigating agency under the provisions of the unlawful activities (prevention) act, 1967 and so also, under section 120-b of ipc relating to laying of additional charge sheet, if any, as contemplated under section 173(8) of cr.p.c. ..... it is also contended that the investigating agency by invoking the relevant provisions of unlawful activities (prevention) act, 1967 and so also, under section 120-b of ipc are seeking permission to file additional charge as contemplated under section 173(8) of cr.p.c ..... he further contends that as the provisions of the unlawful activities (prevention) act, 1967 are invoked, the period of limitation to file the charge sheet is 180 days and in view of the continuing investigation, if the accused petitioners are released on bail, it may hamper the investigation process ..... the course of investigation the investigating agency had invoked the provisions of the unlawful activities (prevention) act, 1967 and also section 120(b) of ipc.14. ..... has added sections 13, 16, 18 of the unlawful activities (prevention) act, 1967 as the accused persons are involved in organized crime and they are the members of the organized crime syndicate and committed the conspiracy under section 120(b) of ..... : the provisions of unlawful activities (prevention) act, 1967 and so also, section 120-b of ipc have been .....
Tag this Judgment!Court : Kerala
..... nos.3, 11 and 12 in r.c.10(s)/ 2014/cbi/scb/tvpm on the file of the sessions court, thalassery, have preferred separate appeals under section 21(4) of the national investigation agency act r/w section 43d of the unlawful activities [prevention] act, 1967, (for short "ua(p) act") and section 439 of the code of criminal procedure (for short "the code") challenging the orders dismissing the applications for bail filed by them before the sessions court , thalassery ..... was laid before the principal district and sessions court, thalassery, on 07.3.2014 u/s 120b r/w 143, 147, 148, r/w 302, 201,, 202, 212, 324 and 307 of the ipc, 16(a) r/w 15(1)(a)(i) and section 19 of unlawful activities(prevention) act, 1967 section 3 and 5 of crl.appls.346, 347 & 383 of 2015 4 explosives substances act, 1908 and section 27 of arms act, 1959, against 19 accused persons.6. ..... (a)(i) & section 19 of unlawful activities (prevention) act, 1967, section 3 and 5 of explosive substance act, 1908 and sec. ..... taking us through the ua(p) act and its various provisions, it was argued that the act was enacted for the purpose of arming the state to have effective prevention against certain unlawful activities of individuals and associations and dealing with terrorist activities and according to the learned senior counsel, the incident which led to the murder of manoj, by no stretch of imagination can be categorized as a terrorist act, with the potentiality or intent to threaten or likely to threaten the unity, integrity .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT291; 1993(2)ALT(Cri)188
..... the government of india, in exercise of their powers under sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967, declared the l.t.t.e. ..... justice nag tribunal constituted under the unlawful activities (prevention) act, 1967.16. ..... 4 of 1993 under section 25 of the arms act, 1959, sections 3 and 5 of the explosive substances act, 1908, sections 3 and 4 of the terrorist and disruptive activities (prevention) act, 1987 (for short the tada act), section 436 437? i.p.c. ..... and territorial integrity of india and thus appears to fall within the ambit of an unlawful activity;(ii) ltte has created the tamil national retrieval troops (tnrt) and encouraged and aided its members to undertake unlawful activities in india;(iii) ltte encourages and aids united liberation front of assam (ulfa) which is an unlawful association;(iv) persons and organisations derive inspiration and encouragement from ltte for their unlawful activities as well as activities punishable under section 153 of the indian penal code. ..... yahata was carrying arms and ammunition is true, it would not be an offence against the indian government nor could it be construed as an unlawful activity.11. ..... cadre themselves set vessel on fire in order to conceal the illegal and unlawful cargo she was carrying and to prevent its discovery by the ships of the indian navy. .....
Tag this Judgment!Court : Mumbai Nagpur
..... fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120 ..... respect of such serious case, light view can not be taken in view of salutary policy of law to prevent pre-arrest bail in cases instituted for the offences punishable under the unlawful activities (prevention) act, 1967 (act no.37 of 1967). ..... in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself to the investigating officer and cooperate in the ongoing investigation; in ..... application for anticipatory bail under section 438 of the criminal procedure code is challenged by the learned additional public prosecutor on the ground that it is barred in view of the section 43d (4) of the unlawful activities (prevention) act. ..... sessions judge rejecting his anticipatory bail as custodial interrogation of the applicant, if permitted may yield more valuable and material information in respect of the unlawful activities of the naxalites gangs or groups which are required to be exposed, sternly dealt with and all their unlawful activities need to be prevented in future in the interest of maintaining law and order in the society and for welfare and safety of people in the naxal infested areas of .....
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