Court : Supreme Court of India
..... concerned, it is made clear that inasmuch as the applicant is being prosecuted for the offences under the mcoc act, 1999, as well as the unlawful activities (prevention) act, 1967, such offences are triable only by special court, and therefore application for bail in such matters will have to be made before the special court under the nia act, 2008, and shall not lie before the high court either under section 439 or under section 482 of ..... , read with sections 3,4,5 and 6 of explosive substance act, 1908, sections 3,5 and 25 of indian arms act, 15,16,17, 18, 20 and 23 of unlawful activities (prevention) act, 1967, and sections 3(1) (i), 3(1) (ii), 3(2), 3(4), and 3(5) of maharashtra control of organised crimes act, 1999 (mcoc act for short), before the court of special judge (mcoca) greater ..... to the interpretation of section 21, we must record that it is not disputed that amongst other provisions the applicant is also being prosecuted for the offences under the provisions of the unlawful activities (prevention) act, 1967. ..... was a matter under terrorist and disruptive activities (prevention) act (28 of 1987) shortly known as ..... has advanced two-fold submissions:- (i) firstly that the order on a bail application is excluded from the coverage of section 21(1) of the act, which provides for the appeals to the high court from any judgment, sentence or order of a special court both on facts and ..... court was concerned with similar provisions of prevention of terrorism act, 2002 (pota for short). .....
Tag this Judgment!Court : Supreme Court of India
..... in part a, offences under sections 489 a and b of the indian penal code, relating to counterfeiting were added and offences under the explosive substances act, 1908 and unlawful activities (prevention) act, 1967, which dealt with terrorist activities, were added. ..... labour system (abolition) act 1976, child labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of plant and farmers rights act 2001, environmental protection act 1986, water (prevention and control of pollution act) 1974, air (prevention and control of pollution act) 1981 and suppression of unlawful acts against safety of maritime ..... navigation and fixed platforms of continental shelf act, 2002.22. .....
Tag this Judgment!Court : Karnataka
..... under sections 120b, 109, 150, 153a, 302, 201 read with section 34 of the indian penal code, 1860, under sections 3 and 27 of the arms act, 1959, and under sections 15, 16, 17, 18 and 20 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the uap act, for brevity). ..... file of national investigation agency for the alleged offences punishable under sections120, 302 read with section34of the indian penal code and sections161)(a), 18 and20of the unlawful activities (prevention) act, 1967. ..... , has held that those who join an organization but do not share its unlawful purposes and who do not participate in its 10 unlawful activities surely pose no threat either as citizens or as public employees - it rests on ..... then the court can exercise its discretion and also there is a rider that the burden is high on the accused in terms of the special provisions contained in section 43-d(5) of the uap act to demonstrate that the prosecution has not been able to show that there exist reasonable grounds to show that the accusation against him is prima facie true, does not alter 19 the legal position ..... 43-d of the uap act in para no.46 of the said judgment has observed as under: in the present case, however, we are called upon to consider the prayer for bail in the context of the purport of the proviso to section 43-d(5) of the 1967 act which mandates that the accused person involved in the commission of offence referable to chapters iv and vi of the 1967 act shall not be released .....
Tag this Judgment!Court : Supreme Court of India
..... singh along with other co- accused seeking regular bail in nia case rc.19/2020/nia/dli, registered under sections 124a, 153a, 153b, 120-b of the indian penal code, 1860 1 (ipc), section(s) 17, 18, 19 of the unlawful activities (prevention) act, 1967 (uap act) and sections 25 and 54 of the arms act, 1959, which came to be rejected.3. ..... further, he submitted that the provisions of section 43d(5) of unlawful activities (prevention) act, 1967 are completely applicable in this case and as such the high court has rightly denied bail to the appellant ..... whether the accused is/are associated with any organization, which is prohibited through an order passed under the provisions of the act;2) whether the accused was convicted of the offenses involving such crimes, or terrorist activities, or though acquitted on technical grounds; was held to be associated with terrorist activities;3) whether any explosive material, of the category used in the commission of the crime, which gave rise to the prosecution; was recovered from, or at the instance of the ..... special provision, section 43-d of the 1967 act, applies right from the stage of registration of fir for the offences under chapters iv and vi of the 1967 act until the conclusion of the trial ..... funds were channeled through illegal means such as hawala and were sent to be used for furthering separatist ideology of demanding a separate state for sikhs popularly called khalistan , and to carry out terror activities and other preparatory acts i.e. .....
Tag this Judgment!Court : Karnataka
..... approval of the competent authority and permission from the learned xi acmm, mayo halli, bangalore city, other charging provisions namely sections 15, 16, 18 & 20 of the unlawful activities (prevention) act, 1967 (hereafter 1967 act ) were added in crime no.229 of 2020. ..... the charge sheet on 5.2.2021, for the offences punishable under sections 143, 147, 148, 353, 333, 332, 436, 427, 34 read with section 149 of ipc, sections 15, 16, 18 & 20 of 1967 act and section 4 of the 1984 act; a - 11 - crl.a.no.124/2023 bare perusal of these sections repels the contention that the offences are not grave; the way offences have been perpetrated cannot be expressed without prefixing the superlatives ..... praying to appreciate this criminal appeal by set aside the impugned order dated1911.2022 and - 2 - crl.a.no.124/2023 granting regular bail to appellant in spl.c.c.no.141/2021 u/s.16,18,20 of ua (p) act, 1967 and120b,143,145,147,188,353,427 r/w sec.34 and149of ipc and sec.2 of the pdlp act1981whereing this appellant is arrayed as accused no.22, same is pending on the files of49h additional city ..... of offences which the accused is ascribed of, arise under a special statute of great significance, like the one at hands; secondly, the parliament in its accumulated wisdom has enacted the clauses in the 1967 act that severely restrict the claim for grant of bail; thirdly, the statute also enacts a negative burden clause, which places the onus on the shoulders of accused, much in variance with the normal rule .....
Tag this Judgment!Court : Mumbai
..... under sections 387 ipc, 419 ipc, 465 ipc, 467 ipc, 468 ipc, 471 ipc read with section 120b of the ipc, and also in respect of offences punishable under section 10, 13, 17, 18, 18a, 18b, 20, 21, 38, 39, 40(2) of the unlawful activities (prevention) act 1967, as amended upto 2008 (hereinafter referred to as 'uap act' for the sake of brevity). ..... in that case, the appellant before the supreme court was a member of ulfa and had been convicted of an offence punishable under section 3(5) of the terrorist and disruptive activities (prevention) act 1987 (hereinafter referred to as 'tada act' for the sake of brevity). ..... the learned special public prosecutor referred to various provisions in the uap act and emphasized the definitions of 'unlawful activity', 'unlawful association', and 'terrorist act', as given in the said act. ..... russell, 384 us 17 19 (1966) were also quoted: those who join an organization but do not share its unlawful purpose and who do not participate in its unlawful activities surely pose no threat, either as citizens or as public employees. ..... it has to be treated as an active membership which results in participation of the acts of the terrorist gang or organization which are performed for carrying out the aims and objects of such gang or organization by means of violence or other unlawful means. .....
Tag this Judgment!Court : Delhi
..... that the five appellants were members of jaish-e-mohammad (jem) a banned organization under the unlawful activities (prevention) act, 1967. ..... court, thereafter, examined the provisions of terrorist and disruptive activities (prevention) act, (tada) and the judgment in the case of state ..... sound tracks from out of which sounds or images can be reproduced, then such confession is admissible in the trial of the maker as also the co-accused, abettor or conspirator not only for an offence under the act but also for offence(s) under other enactments, provided that the co-accused, abettor or conspirator is charged and tried in the same case along with the accused and the court is satisfied that requirements of the ..... learned counsel for the appellants have submitted that the supreme court had relied upon section 19(3)(a) of the prevention of corruption act, 1988, which is wider and broader and includes the question of competence of authority, and ..... , the five accused, have been convicted under sections 3(3), 3(5) and 4 of prevention of terrorism act, 2002 (hereinafter referred to as, pota) and sentenced to life imprisonment and fine of rs.5,000/- ..... of objects and reasons for enacting explosive substances act reads as under: introduction crimes by means of explosive substances were on the increase and to combat such crimes the provisions of the indian explosives act, 1884, which was framed to prevent accidents rather than to prevent crime, were found to be inadequate ..... the prevention of cruelty to animals .....
Tag this Judgment!Court : Supreme Court of India
..... contravention of the provisions of sections 3 to 6) of the religious institutions (prevention of misuse) act, 1988 (41 of 1988); or (i) section 125 (offence of promoting enmity between classes in connection with the election ..... of importing or exporting prohibited goods) of the customs act, 1962 (52 of 1962); or (d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the unlawful activities (prevention) act, 1967 (37 of 1967); or (e) the foreign exchange (regulation) act, 1973 (46 of 1973); or (f) the narcotic drugs and psychotropic substances act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or (h) section 7 (offence of .....
Tag this Judgment!Court : Delhi
..... under indian penal code and certain offences under special laws like narcotic drugs and psychotropic substances act, 1985, explosive substances act, 1908, unlawful activities (prevention) act, 1967, arms act, 1959, prevention of corruption act, 1988, customs act, 1962, etc. ..... ; official secrets act, 1923; prevention of food adulteration act, 1954 (since replaced by food safety and standards act, 2006); the customs act, 1962; narcotics drugs and psychotropic substances act, 1985; prevention of corruption act, 1988; maharashtra control of organized crime act, 1999; prevention of terrorism act, 2002 and protection of children from sexual offences act, 2012, etc ..... subject-specific offences, they including, as mentioned earlier, official secrets act, 1923; prevention of food adulteration act, 1954 (since replaced by food safety and standards act, 2006); the customs act, 1962; narcotics drugs and psychotropic substances act, 1985; prevention of corruption act, 1988; maharashtra control of organized crime act, 1999; prevention of terrorism act, 2002 and protection of children from sexual offences act, 2012; et al. ..... justice r.k.gauba wp(c) 856/2016 & connected matters page 2 of 101 judgment1 these writ petitions have raised common questions of law of general interest involving provisions of prevention of money laundering act, 2002 (for short, pmla ) in the context of a case under investigation with enforcement directorate of ministry of finance in the government of india (headquarters .....
Tag this Judgment!Court : Supreme Court of India
..... fir was registered under sections 120-b and 471 of 2 the indian penal code 1860 read with sections 13, 16, 18, 18-b, 20, 38 and 39 of 3 the unlawful activities (prevention) act 1967 and sections 4, 5 and 6 of the 4 5 explosive substances act 1908 . ..... unlawful activities (prevention) act, 1967 (37 of 1967 ..... their delivery systems (prohibition of unlawful activities) act, 2005 (21 of 2005); ..... government (evident from the incorporation of a non-obstante provision in sub-section (5)) to suo motu direct the nia to investigate the offence if it is of the opinion that: (a) a 15 part c scheduled offence has been committed under the nia act; and (b) that it is required to be investigated by the nia (sub-section (5) of section 6); (vii) upon the issuance of a direction by the central government under sub- sections (4) or (5) of section 6, two consequences emanate under sub- ..... 2(a) as the national investigation agency and as a consequence of section 13, no embargo is placed on any other court until such time as the scheduled offence is investigated by the nia; (vii) the provisions of the nia act have to be construed harmoniously so as to achieve its purposes; (viii) sections 13 and section 22 only govern the trial of offences and not pre-trial procedures; (ix) the enabling provisions under section 16(1) for a special court to ..... of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002 ..... of unlawful acts against safety of civil aviation act, 1982 .....
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