Court : Supreme Court of India
..... granting bail in default to the accused/respondent after setting aside order of the special court (under national investigation agency act, 2008), chennai dated 22nd march, 2018 1 holding that the remand of the accused/respondent by the special court for a further period of 90 days was not in compliance to the mandate of section 43d(2)(b) of unlawful activities(prevention) act, 1967(hereinafter being referred to as uap ..... report was submitted by the special public prosecutor assigning specific reasons for extension of remand of the accused respondent for a further period of 90 days under section 43d(2)(b) of uap act, 1967 and after a copy of application was supplied to the accused respondent, he filed 7 his written objections through counsel and after affording opportunity of hearing to the parties, the special ..... of 90 days and once the satisfaction was recorded by the learned judge of special court meeting out the requirements envisaged under section 43d(2) of the uap act, 1967, the satisfaction so recorded after perusal of the record could not have been overturned by the high 5 court unless very strong reasons are forthcoming, which has ..... his report seeking detention of the respondent for a further period of 90 days does not meet the requirement of law as contemplated under section 43d(2)(b) of the uap act, 1967 and accordingly set aside the order of the special court dated 22nd march, 2018 and in consequence thereof, granted statutory bail in default to the accused respondent under .....
Tag this Judgment!Court : Delhi
..... registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18/18b/of the unlawful activities (prevention) act, 1967 3. ..... in accordance with the provisions of section 43d{(2)b} of the unlawful activities (prevention) act, on 19th april, 2016 the nia-respondent herein filed an application praying for extension of the judicial custody of the appellants for the next 30 days wherein reliance was placed on the ..... interrogation of accused persons, they have disclosed names, codes and mobile numbers of some active members, recruiters, sympathizer and motivator of isis involved in furtherance of activities and internets, telephones/facebook/skype/telegrams and other means of communications, this proscribed terrorist ..... is further stated that during the course of investigation, it was unearthed that there is larger conspiracy by is activities in india and abroad for recruitment of resident and non- resident indians by the is and the identity of ..... course of investigation, the accused had unearthed the larger conspiracy of is activities in india and abroad including recruitment of resident and non- resident indians ..... the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 ( nia act hereafter) assailing an order dated 23rd may, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under .....
Tag this Judgment!Court : Delhi
..... registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18/18b/of the unlawful activities (prevention) act, 1967 3. ..... in accordance with the provisions of section 43d{(2)b} of the unlawful activities (prevention) act, on 19th april, 2016 the nia-respondent herein filed an application praying for extension of the judicial custody of the appellants for the next 30 days wherein reliance was placed on the ..... interrogation of accused persons, they have disclosed names, codes and mobile numbers of some active members, recruiters, sympathizer and motivator of isis involved in furtherance of activities and internets, telephones/facebook/skype/telegrams and other means of communications, this proscribed terrorist ..... is further stated that during the course of investigation, it was unearthed that there is larger conspiracy by is activities in india and abroad for recruitment of resident and non- resident indians by the is and the identity of ..... course of investigation, the accused had unearthed the larger conspiracy of is activities in india and abroad including recruitment of resident and non- resident indians ..... the instant appeal has been filed by the appellants under section 21(4) of the national investigating agency act, 2008 ( nia act hereafter) assailing an order dated 23rd may, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under .....
Tag this Judgment!Court : Orissa
Reported in : 2012CrLJ244(NOC)
..... mr.m.k.mishra, learned counsel for the petitioners submitted that, the petitioners have been charged with the offences under sections 16, 17, 18, 20, 21, 38 and 40 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the u.a.p. ..... the prosecution under the unlawful activities (prevention) act, is an extremely stringent law, parliament provided a safeguard to avoid frivolous prosecution. ..... speech of honble home minister while moving the draft bills in the rajya sabha and in his speech, the honble home minister, clearly stated that the legislative intent behind section 45(2) of the act was for creating an independent executive to review the entire evidence gathered in course of investigation and then to make a recommendation whether the case was a fit for prosecution or not. ..... , learned additional government advocate for the state was asked to produce any document/order of appointment of sri a.m.prasad, special secretary, issued by the appropriate authority, appointing him as the review authority under section 45(2) of the act, 1967. ..... it is claimed that the said sri prasad had reviewed the evidence as required under sub-section (2) of section 45 of the act and had recommended approval of the prosecution. ..... learned counsel for the petitioners asserted that incorporation of the requirement for appointment of an officer to conduct an independent review, as incorporated to sub-section (2) of section 45 of the act, serves a very important purpose. .....
Tag this Judgment!Court : Kerala
..... later, accused nos.7 to 54 were added in the array of accused and offences under sections 15, 16, 18, 18b, 19 and 20 of the unlawful activities (prevention) act, 1967 were additionally incorporated.4. ..... the court below held that the proviso to section 43d(5) of the unlawful activities (prevention) act would operate as a specific bar in granting bail to a person accused of an offence punishable under chapters iv and vi of the said act, if the court is of the opinion that there are reasonable grounds for believing that the accusation against the person accused is prima facie true. ..... the prosecution case is that on 4.7.2010, the accused persons formed themselves into an unlawful assembly and chopped away the right hand of prof.t.j.joseph, newman college, muvattupuzha at a place near his house at thodupuzha. ..... t.j.joseph as he was allegedly indulging in anti-islamic activities. ..... :: public prosecutor submitted that once it is proved that there is criminal conspiracy and the accused acted in furtherance of their common object, it is not necessary to prove the particular overt act committed by a particular accused.9. ..... sections 143, 147, 148, 120b, 341, 427, 323, 324, 326, 506(ii), 153a, 201, 202, 212 and 307 read with section 149 of the indian penal code and section 3 of the explosive substances act. .....
Tag this Judgment!Court : Karnataka
..... harish sontakke vs state of maharashtra - (2021)3 scc723 wherein the accused persons were charged for the offences under the provisions of unlawful activities (prevention) act, 1967, having considered the seriousness of the charges and the period of custody suffered by the accused, had granted bail to the accused notwithstanding the rigor under section 43-d(5) of the said act considering the fact that the accused had suffered five years incarceration.-. ..... restrictions provided under section 43-d(5) of the unlawful activities (prevention) act. ..... rajarajeshwari nagar police station, bengaluru city for the offences punishable under sections 302, 120b,, 118, 203 and 35 ipc, sections 25(1) and 27(1) of the indian arms act, 1959 and sections 3(1)(i), 3(2), 3(3) and 3(4) of the karnataka control of organized crimes act, 2000, subject to the following conditions: a) petitioners shall execute personal bond for a sum of rs.2,00,000/- each with two sureties for the likesum, to the satisfaction ..... 302, 120b, 114, 118, 109, 201, 203, 204 and35of ipc and251), 25(1b) and271) of indian arms act and section31)(i), 3(2), 3(3) and34) of karnataka control of organised crime act, 2000, now charge sheet has been filed in spl.c.c.no.872/2018, now pending on the file of principal city civil and session judge, bengaluru city, bengaluru ..... 1967, the hon ble supreme court has held that the statutory restrictions like section 43-d(5) of the act does not oust the ability of the constitutional courts to grant .....
Tag this Judgment!Court : Guwahati
..... of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), whereby the central government declared 'the revolutionary people's front (formerly known as the armed revolutionary government of manipur), the people's liberation army, people's revolutionary party of kangleipak, and the red army and other bodies set by the them''to be unlawful associations. ..... to different authorities have been of no avail and the parents of the two boys are still unaware of their whereabouts; that under section 5 of the armed forces special powers act any person arrested and taken into custody under this act has to be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, ..... any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substance believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.22. ..... , 1980 issued by the government of manipur, home department, in exercise of the powers conferred by section 3 of ifae armed forces (special powers) act, 1958 declaring the entire manipur central district except jiribam sub-division for which a separate notification had already been published on 30-5-1978, to be disturbed area with .....
Tag this Judgment!Court : Supreme Court of India
..... nia hyd came to be registered along with four other accused persons for the offences punishable under sections 120 b, 109, 150, 153a, 302, 201 read with section 34 of ipc; sections 3 and 27 of the arms act and sections 15,16,17,18 & 20 of the 1 unlawful activities(prevention) act, 1967(hereinafter being referred to as uap act ).3. ..... 34 of ipc and section 3 and 27 of arms act and under section 16 15, 16, 17, 18 and 20 of unlawful activities (prevention) act, 1967. 23. ..... 1 to 4 conspired with the accused appellant(accused no.5) to kill rss members and in furtherance of their acts, they committed offence punishable under sections 302, 201 read with section 34 ipc. ..... aman lekhi, learned asg appearing for the respondent with his usual vehemence submits that section 15 of uap act covers both the act of an individual and a terrorist gang/association and as per section 20 of the uap act, it is not necessary for an association/organisation to be included in the schedule, for punishing a terrorist act carried out by them.13. ..... learned counsel further submits that none of the accused in this case are the member of any terrorist organisation which 7 are banned under the schedule of uap act and, therefore, the question of invocation of uap act, after completion of investigation, was not attracted and at least the charge framed against him for the offences under uap act was not legally sustainable in law.12. .....
Tag this Judgment!Court : Supreme Court of India
..... rise to these two appeals, one by union of india against acquittal of a2-yasmeen mohammad zahid @ yasmeen in respect of offences punishable under section 125 of the indian penal code ( ipc for short), sections 39 and 40 of the unlawful activities (prevention) act, 1967 (uapa for short) and crl. ..... one deals with association with a terrorist organisation with intention to further its activities while the other deals with garnering support for the terrorist organisation, not restricted to provide money; or assisting in arranging or managing meetings; or addressing a meeting for encouraging support for the terrorist ..... , however relied upon certain observations in said decision to submit that mere membership of an unlawful organization was not enough and there must be clear proof that the accused intended to crl ..... further submitted that in order to attract sections 39 and 40 of the uapa there must be material indicating that the acts in question were done by the accused in order to further the activity of a terrorist organisation.12. ..... according to the prosecution, there was a criminal conspiracy between original accused no.1 (husband of a2-yasmeen) and a2- yasmeen from 2015 pursuant to which conspiracy a1 and a3 to a15 left india and joined isis in afghanistan; and a2-yasmeen was an active participant supporting terrorist activities of isis; and she had raised funds to further the activities of isis and had received funds which were utilised for supporting the activities of isis. .....
Tag this Judgment!Court : Delhi
..... relates to a case registered by the national investigation agency being fir rc no.14/2015/nia/dli under section 125 of the ipc and section 18, 18b, 38 and 39 of the unlawful activities (prevention) act, 1967 3. ..... in accordance with the provisions of section 43d{(2)b} of the unlawful activities (prevention) act, the nia-respondent herein filed an application on 11th march, 2016 seeking extension of the period of detention in the case against the appellants beyond the period of 90 days upto 180 days for completing ..... page 2 of 5 sealed envelope seeking extension for the period of investigation with the following averments:that during the course of investigation the accused had unearthed the larger conspiracy of is activities in india and abroad including recruitment of resident and non-resident indians by the is. ..... reasons stated in the application, we are satisfied that the appellant was prevented from sufficient cause from filing the appeal belatedly. ..... on 11.12.2015 and extend the same as provided under section 43{2(b)} of ua(p) act up to 180 days or the period as may be deemed fit by the hon'ble court justifiable in view of the facts and circumstances enumerated in this humble petition as well as on the basis of record asper the case diaries ..... 642/2016 page 1 of 5 ( nia act hereafter) assailing an order dated 8th april, 2016 passed by the learned district & sessions judge, special court (nia), new delhi whereby the application for grant of statutory bail under section 167(2) of the .....
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