Court : Karnataka
..... , the central government, in exercise of powers conferred by section 3(1) of the unlawful activities (prevention) act, 1967 (37 of 1967), has declared the popular front of india (pfi) and its associates or affiliates or fronts, including rehab india foundation (rif), campus front of india (cfi); all india imams council (aiic), national confederation of human rights organisation (nchro), national women s front, junior front, empower india foundation and rehab foundation, kerala as unlawful association vide notification number s.o.4559(e), dated:27th september ..... on 27-09-2022 the government of india in exercise of powers conferred on it under sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 ( the act for short) declared popular front of india ( pfi for short) and its associates or affiliates or fronts including rehab 4 india foundation, campus front of india, all india imams council, national confederation of human rights organization, national women s front, junior front, empower india foundation and rehab foundation, kerala as unlawful associations. ..... the notification reads as follows: now therefore, in exercise of the powers under section 8 of the unlawful activities (prevention) act 1967 it has come to our notice that the below mentioned places are used for the purpose of such unlawful association. .....
Tag this Judgment!Court : Delhi
..... in the present case, since the offences under the provisions of the unlawful activities (prevention) act, 1967 were also involved, the investigation was required to be conducted by an officer not below the rank of acp. ..... bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor have also conspired knowingly to facilitate the commission of a terrorist act and have carried out an act preparatory to the commission of a terrorist act wherein bashir ahmed, fayaz ahmed and abdul majeed collected and brought the explosive substance and handed over the same to shahid gafoor and are thus held guilty and convicted of offence punishable under section 18 of the unlawful activities (prevention) act 1967. f ..... . bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor having acted as members of a terrorist gang involving and facilitating in the commission of a terrorist activity are convicted for the offence punishable under section 20 of the unlawful activities (prevention) act, 1967. g ..... sessions judge acquitting the respondents bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor for the offences punishable under section 120b/121/121-a/122/123 ipc & section 17/18/20/21/23 of unlawful activities (prevention) act (in short the uap act), acquitting bashir ahmed for offence punishable under section 489(b)/489 (c) of ipc and shahid gafoor for offences punishable under section 186/353/307 of ipc and section 25/27 of the arms .....
Tag this Judgment!Court : Delhi
..... in the present case, since the offences under the provisions of the unlawful activities (prevention) act, 1967 were also involved, the investigation was required to be conducted by an officer not below the rank of acp. ..... bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor have also conspired knowingly to facilitate the commission of a terrorist act and have carried out an act preparatory to the commission of a terrorist act wherein bashir ahmed, fayaz ahmed and abdul majeed collected and brought the explosive substance and handed over the same to shahid gafoor and are thus held guilty and convicted of offence punishable under section 18 of the unlawful activities (prevention) act 1967. f ..... . bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor having acted as members of a terrorist gang involving and facilitating in the commission of a terrorist activity are convicted for the offence punishable under section 20 of the unlawful activities (prevention) act, 1967. g ..... sessions judge acquitting the respondents bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor for the offences punishable under section 120b/121/121-a/122/123 ipc & section 17/18/20/21/23 of unlawful activities (prevention) act (in short the uap act), acquitting bashir ahmed for offence punishable under section 489(b)/489 (c) of ipc and shahid gafoor for offences punishable under section 186/353/307 of ipc and section 25/27 of the arms .....
Tag this Judgment!Court : Kerala
..... one is where a political party obtained its registration by playing fraud on the commission, secondly, it arises out of sub-section (9) of section 29-a of the act and thirdly, any like ground where no enquiry is called for on the part of the election commission, for example, where the political party concerned is declared unlawful by the central government under the provision of the unlawful activities (prevention) act, 1967 or any other similar law. ..... in this category of cases, the case would be where a registered political party is declared unlawful by the central government under the provisions of the unlawful activities (prevention) act, 1967 or any other similar law. ..... the owners of the lands in question including the petitioners have been in fact carrying on their activities constitutionally guaranteed under article 19(1)(g) in compliance with and upon obtaining necessary permission under some or all the acts referred above, particularly in respect of their activities as plantation owners producing tea, coffee, rubber and spices as the case may be. ..... general1 in view of the meaning of the word "forest" in the act, it is obvious that prior approval of the central government is required for any non-forest activity within the area of any "forest". ..... in accordance with section 2 of the act, all on-going activity within any forest in any state throughout the country, without the prior approval of the central government, must cease forthwith. .....
Tag this Judgment!Court : Delhi
..... in the present case, since the offences under the provisions of the unlawful activities (prevention) act, 1967 were also involved, the investigation was required to be conducted by an officer not below the rank of acp. ..... bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor have also conspired knowingly to facilitate the commission of a terrorist act and have carried out an act preparatory to the commission of a terrorist act wherein bashir ahmed, fayaz ahmed and abdul majeed collected and brought the explosive substance and handed over the same to shahid gafoor and are thus held guilty and convicted of offence punishable under section 18 of the unlawful activities (prevention) act 1967. f ..... . bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor having acted as members of a terrorist gang involving and facilitating in the commission of a terrorist activity are convicted for the offence punishable under section 20 of the unlawful activities (prevention) act, 1967. g ..... sessions judge acquitting the respondents bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor for the offences punishable under section 120b/121/121-a/122/123 ipc & section 17/18/20/21/23 of unlawful activities (prevention) act (in short the uap act), acquitting bashir ahmed for offence punishable under section 489(b)/489 (c) of ipc and shahid gafoor for offences punishable under section 186/353/307 of ipc and section 25/27 of the arms .....
Tag this Judgment!Court : Kerala
..... for a correct appreciation, i find that a reading of section 197 of the code of criminal procedure, section 113 of the kerala police act 2011 and section 49 of the unlawful activities (prevention) act, 1967 would be appropriate. ..... done in discharge of the official duties, there is prohibition under section 197 of the code of criminal procedure from taking cognizance without sanction of the government and there is total prohibition against prosecution under section 49 of the unlawful activities (prevention) act, 1967 and section 113 of the kerala police act, 2011. ..... so also, the magistrate should have taken note that there is total prohibition against prosecution of a police officer for action taken in good faith, by section 113 of the kerala police act, 2011 and section 49 of the unlawful activities (prevention) act, 1967. ..... " section 49 of the unlawful activities (prevention) act, 1967 reads follows: "49. ..... but going though the facts situation and the section 197 of the code of criminal procedure and section 113 of the kerala police act as well as section 49 of the unlawful activities (prevention) act 1969, i find that the offence alleged in annexure 1 complaint cannot be said to have been committed not during the discharge his official duties. 9. ..... later offences under sections 15, 16, 18 and 20 of the unlawful activities (prevention) act was also added. .....
Tag this Judgment!Court : Delhi
..... in the present case, since the offences under the provisions of the unlawful activities (prevention) act, 1967 were also involved, the investigation was required to be conducted by an officer not below the rank of acp. ..... bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor have also conspired knowingly to facilitate the commission of a terrorist act and have carried out an act preparatory to the commission of a terrorist act wherein bashir ahmed, fayaz ahmed and abdul majeed collected and brought the explosive substance and handed over the same to shahid gafoor and are thus held guilty and convicted of offence punishable under section 18 of the unlawful activities (prevention) act 1967. f ..... . bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor having acted as members of a terrorist gang involving and facilitating in the commission of a terrorist activity are convicted for the offence punishable under section 20 of the unlawful activities (prevention) act, 1967. g ..... sessions judge acquitting the respondents bashir ahmed ponnu, fayaz ahmed lone, abdul majeed baba and shahid gafoor for the offences punishable under section 120b/121/121-a/122/123 ipc & section 17/18/20/21/23 of unlawful activities (prevention) act (in short the uap act), acquitting bashir ahmed for offence punishable under section 489(b)/489 (c) of ipc and shahid gafoor for offences punishable under section 186/353/307 of ipc and section 25/27 of the arms .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... a case was accordingly registered for offence under sections 4 and 5 of the explosive substances act, 1908, sections 3/10, 13, 16, 18 and 20 of the unlawful activities (prevention) act, 1967 (for short 'the uap act') and section 120b ipc. ..... section 43 of the unlawful activities (prevention) act, 1967 43.officers competent to investigate offences under chapters iv and vi. ..... the unlawful activities (prevention) act, 1967 (37 of 1967); 3. ..... it is submitted that the nia act, 2008 and the unlawful activities (prevention) amendment act, 2008 were enacted by parliament on 31.12.2008. ..... the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 (21 of 2005); 8. ..... in the meanwhile, after completion of the investigation and getting sanction for prosecution, charge sheet was filed for the offence under sections 4,5 and 6 of the explosive substances act, 1908, sections 16, 17, 18, 18a, 18b, 19, 20 and 23 of the uap act, 1967 and sections 121, 121a, 122, 465, 468, 471 and 120b ipc and the cognizance of offence was taken by the cmm on 19.9.2014. ..... the word court has been defined under sub-section (d) of section 2 of the uap act, 1967 and means a criminal court having jurisdiction under the code to try the case and includes a special court thus whenever extension of period of investigation is required beyond 90 days, it can be by the special court or sessions court. ..... the offences under the uap act, 1967 is one of them. .....
Tag this Judgment!Court : Delhi
..... an arrest order or communicating the reasons and grounds of his arrest; that the appellant was arraigned as accused no.13 in the supplementary chargesheet filed under section 120b of the indian penal code and sections 17 and 21 of the unlawful activities (prevention) act, 1967; that vide impugned order, the learned trial court erroneously and wrongly took cognizance against the appellant holding that there are sufficient grounds to proceed against the appellant; that the learned trial ..... -03, new delhi district, patiala house court, new delhi whereby cognizance was taken against the appellant for the offences punishable under sections 120-b of the indian penal code and sections 17 and 21 of the unlawful activities (prevention) act, 1967 in rc-10/2017/nia/dli, on a supplementary chargesheet dated 22.01.2019. ..... 18.01.2018 filed by the respondent; that the appellant had been joining the investigation as and when called by the respondent; that on 25.07.2018, the appellant was handed over a notice dated 24.07.2018 under section 34 of the unlawful activities (prevention) act by the respondent for providing the bank statement of m/s. n.z. ..... and the appellant was remitting the foreign money in india through accused no.10, is vague and without any supporting document, hence, no offence under section 120-b of ipc and sections 17 and 21 of the unlawful activities (prevention) act is made out against the appellant.3. mr. .....
Tag this Judgment!Court : Jharkhand
..... act', submitted that even the offence under 17 and 18 and 20 of the unlawful activities (prevention ) act is not made out as the appellant has simply been alleged to have sold or intended to have sold the foreign make rifle to anil kumar yadav, but it is never there that the appellant or the other accused did commit any act which in view of section 15 of the act can be said to be a 'terrorist act' by using that rifle and thereby none of the offences under section 17,18 or 20 of the unlawful activities (prevention) act 1967 ..... tondon, learned counsel submits that admittedly, nothing has come during investigation that either the appellant or anil yadav had committed any of the offence which finds place in sub section (a ) to ( c ) of section 15 of the unlawful activities (prevention ) act 1967 and thereby the question of committing offence either under section 17,18 or 20 of the said act never does arise. ..... on 31.7.2014, a supplementary charge sheet was filed for the offences as aforesaid as also for the offences under sections 17, 18 and 20 of the unlawful activities (prevention ) act, 1967. .....
Tag this Judgment!