Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Page 26 of about 15,830 results (0.069 seconds)

Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra

Court : Supreme Court of India

..... unlawful activities (prevention) act, 1967 (for short the uapa act ), namely under section 43d(4) and 43d(5) are similar to the aforesaid sections 17(4) and 17(5) of the tada act ..... disruptive activities (prevention) act, 1985 ( tada for short - since repealed) stated nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the provisions of this act . ..... accused in the case registered at city police station, karad for the offences punishable under sections 3(1)(ix), 3(2)(vi) and 3(2)(vii) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (the atrocities act) as also sections 182, 192, 193, 203 and 219 read with 34 of the indian penal code, 1860 (ipc). ..... such type of complaints for rampant misuse of the provisions of section 3(1)(x) of the scheduled castes & scheduled tribes (prevention of atrocities) act, 1989, are largely being filed particularly against public servants/quasi judicial/judicial officers with oblique motive for satisfaction of vested ..... empowerment and data compiled by the government of maharashtra for the years 1990 to 2013 (dated 30th april, 2013) in respect of offences registered under scheduled caste and scheduled tribe (prevention of atrocities) act, 1989 and protection of civil rights act, 1955 against maharashtra members of parliament, member of legislative assembly, zill parishad adhyaksha, gramsevak, talathi, b.d.o. .....

M Ravindran Vs. The Intelligence Officer Directorate Of Revenue Intell ...

Court : Supreme Court of India

..... on 18.7.2012, the state filed an application seeking extension of remand under section 43 d (2)(b) of the unlawful activities (prevention) act, 1967 ( uapa ) which is also in pari materia with the proviso to section 36a (4) of the ndps act. ..... in that case, the court was called upon to construe the scope of section 20(4)(bb) of the terrorist and disruptive activities (prevention) act, 1987 ( tada ) which is in pari materia with the proviso to section 36a (4) of the ndps act. ..... similarly, in ateef nasir mulla the court held that since the order granting extension of time under section 49(2)(b) of the prevention of terrorism act, 2002 ( pota ), which is in pari materia with the proviso to section 36a (4) of the ndps act, had been passed prior to the application for default bail, the accused would not be entitled to bail. ..... in mustaq ahmed mohammed isak, the court similarly rejected the application for bail under section 21(2)(b) of the maharashtra control of organised crime act, 1999 as the chargesheet was filed on the same day, but which was the last day of the extended period granted by the special court and hence within the statutory time limit ..... way how a balance can be struck between the so called indefeasible right of the accused on failure on the part of the prosecution to file a challan within the specified period and the interest of the society, at large, in lawfully preventing an accused from being released on bail on account of inaction on the part of the prosecuting agency . .....

Union Of India Vs. Mrityunjay Kumar Singh @ Mrityunjay @ Sonu Singh

Court : Supreme Court of India

..... no.158 of 2019 was re-registered as rc no.25 of 2020 for the offences under sections 147, 148, 149, 452, 302, 353 and 379 of indian penal code, 1860 (for short ipc ) read with section 27 of the arms act, 1959, under section 17 (i) and (ii) of criminal law (amendment) act and section 10, 13, 17 and 18 of unlawful activities (prevention) act, 1967 (for short uap act ) 2 5. ..... is a degree of difference between the satisfaction to be recorded by the court that there are reasonable grounds for believing that the accused is not guilty of such offence and the satisfaction to be recorded for the purposes of the 1967 act that there are reasonable grounds for 7 believing that the accusation against such person is prima facie true. ..... however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the accused during the investigation may not justify a judgment of conviction. ..... the principle underlying those decisions may have some bearing while considering the prayer for bail in relation to the offences under the 1967 act as well. ..... are reasonable grounds for believing that the accusation against the accused is prima facie true, is lighter than the degree of satisfaction to be recorded for considering a discharge application or framing of charges in relation to offences under the 1967 act. .....

Dr. Anindya Mitra and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1993)1CALLT436(HC)

..... under the unlawful activities (prevention) act, 1967, were the main driving forces behind all bjp activities and that ..... for maintaining peace and tranquillity;and whereas the governor considers it necessary so to do for preventing danger to human life and safety;now, therefore, in exercise of the power conferred by the proviso to sub-section (4) of section 144 of the code of criminal procedure, 1973 (2 of 1974) the governor is ..... there is immediate apprehension of disturbance of public tranquillity and breach of peace and danger to human life and property and the state government considers it necessary that for preventing breach of public peace and tranquillity and for preventing danger to human life, the order passed by the said commissioner of police, being an executive magistrate should remain in force for a further period of two months ..... filed before this court further alleged that the statutory powers of granting such permission upon consideration of the said application under relevant provisions of the police act (act v of 1961) and the calcutta police act, 1866 (act iv of 1866) and all other act and statutory orders or notifications in force, rests with the commissioner of police, calcutta and he has not applied his mind by not admitting the ..... no doubt, the prevention of such activities would be in the 'public interest', but it would be no less in .....

Ayesha Bano and Others Vs. State of Chhattisgarh

Court : Chhattisgarh

..... by which the sessions judge has declined to interfere with the order passed by trial magistrate granting application under first proviso to sub section (2) of section section 43 d of the unlawful activities (prevention) act, 1967 (henceforth the act, 1967). 2. ..... complete the investigation of aforesaid offences against the petitioners herein within the stipulated time of 90 days and, therefore, an application was made on behalf of prosecution under section 43 d (2)(b) of the act, 1967, for extension of time indicating progress of investigation and assigning the reasons for detention of the petitioners/accused beyond the said period of 90 days and sought further time to complete the investigation and ..... * that, the application for extension of period of detention of accused was made by the city superintendent of police (for short, csp) under first proviso to sub section (2b) of section 43 d of the act, 1967, whereas, it ought to have been made by the public prosecutor under the above stated provision, and therefore, time could not have been extended on the application made by the csp/investigating officer. ..... 2014 dismissed the revision finding inter alia that petitioners were served with copy of application filed for extension of time under first proviso to subsection (2b) of section 43 d of the act, 1967, and they have contested the application and there is no valid ground to interfere with the order granting extension of time to complete the investigation and to file charge sheet. 6 .....

Laxman Jangu Madavi Vs. State of Maharashtra

Court : Mumbai Nagpur

..... the rest of evidence of this witness is not necessary to be reproduced here as the appellant has been acquitted of the charge under unlawful activities (prevention) act, 1967. 10. ..... sarangi is concerned, it may be stated here that he was working as the additional chief secretary (home) and he had granted sanction for prosecution of the appellant for the offence under the unlawful activities (prevention) act. ..... it is also not necessary to examine the consent granted by the district magistrate under section 39 of the arms act for prosecution of the appellant for violation of section 3 of the act, punishable under section 25(1)(1-b) (a) of the act. 15. ..... the appellant is acquitted of the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1908. ..... the appellant is convicted for the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1984. ..... it is also not necessary to examine the evidence of pw-12 who had granted permission/consent for prosecution of the appellant for the offence punishable under section 5(a) of the explosive substance act. .....

National Investigation Agency New Delhi Vs. Owais Amin @ Cherry

Court : Supreme Court of India

..... 39 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as uapa, 1967 ) for taking ..... , 307, 411, 120-b, 121, 121-a and 122 of rpc, 1989, sections 16, 18, 20, 23, 38 and 39 of uapa, 1967, sections 3 and 4 of explosive substances act, 1908 and section 4 of the jammu & kashmir 2 public property (prevention of damage) act, 1985, for making an attempt to ambush and ram the convoy of central reserve police force (crpf) personnel by a santro car laden ..... cognizance of the offence of criminal conspiracy punishable under section 120b of the indian penal code, (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless upon complaint made by order or under authority from the state government or some officer empowered by ..... take cognizance of the offence of criminal conspiracy punishable under section 120-b of the ranbir penal code, 5 (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence, to which the provisions of section 196 apply, unless upon complaint made by order of, or under authority from the government or some officer empowered by the government ..... , 120-b, 121, 121-a and 124-a of rpc, 1989, sections 4 and 5 of the explosive substances act, 1908, and sections 15, 16, 18 and 20 of the uapa, 1967 by the jurisdictional police.5. .....

Arvind Kejriwal Vs. Central Bureau Of Investigation

Court : Supreme Court of India

..... najeeb has expanded this principle even in a case under the provisions of the unlawful activities (prevention) act, 1967 (hereinafter uapa ) notwithstanding the statutory embargo contained in section 43-d(5) of that act, laying down that the legislative policy against the grant of bail will melt down where there is no likelihood of trial being completed within a reasonable time.5 the courts would ..... person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case ..... enforcement or ed recorded ecir no.hiu ii/14/2022 on 22.08.2022 under the prevention of money laundering act, 2005 (pmla) on the basis of the offences under which the ..... cbi ) the respondent registered an fir no.rc0032022a0053 (hereinafter fir ), on 17.08.2022 under sections 120b read with section 477a of the indian penal code, 1806 (hereinafter ipc ) and section 7 of the prevention of corruption act, 1988 (hereinafter pc act ) against various persons. ..... enforcement (hereinafter ed ), arrested the appellant in the purported exercise of its power under section 19 of the prevention of money laundering act, 2002. .....

Aakif Ateeque Nachan Vs. the State of Maharashtra

Court : Mumbai

..... the applicant and the other accused are alleged to have committed offences punishable under sections 16 and 18 of the unlawful activities (prevention) act, 1967, as amended till 2008 (hereinafter referred to as u.a.p. ..... (in the charge-sheet ) is not on the incident of firing but the emphasis is on the activities of manoj raicha, as a member of the vishwa hindu parishad and gowvansh saurakshan samiti. ..... is on the criminal background of the accused no.1 saquib nachin, on his gang, on his alleged antinational activities, on his having committed a number of serious offences such as bomb blasts etc. ..... proforma of the charge-sheet , were properly and sufficiently described in the said order, and as such, they may be described in the same manner here as follows : the first informant manoj raicha, advocate, is an active member of the vishwa hindu parishad, and gowvansh saurakshan samiti. ..... act, 1967 ..... case is in respect of offences punishable under sections 120b, 153a, 307 of the indian penal code (ipc), offences punishable under the arms act, apart from the offences punishable under sections 3(1)(ii), 3(2) and 3(4) of the m.c.o.c. ..... course of further investigation, it was also revealed that it was a terrorist act as contemplated under section 15 of the u.a.p. ..... to the police station and lodged a report on the basis of which, a case was registered in respect of offences punishable under sections 307, and 120b of the ipc and offences punishable under the arms act, at nizampur police station, bhiwandi. .....

Shaber Ayaz and Others Vs. State and Others

Court : Jammu and Kashmir

..... i to iv.10.prevention and suppression of sabotages act, 1965.11.prevention of beggary act, 1960.12.prevention of corruption act, 2006.13.prevention of cruelty to animals act, 1990.14.public gambling act, 1977.15.public property (prevention of damage) act, 195616.unlawful activities (prevention) act, 1967.17.public safety act, 1978.18.habitual offenders (control and reforms) act, 1956.19.instruments (control and noises) act, 1959.20.juvenile justice act, 1997.21.medical termination of pregnancy act, 1974.22.police enhanced penalties ordinance, 2005.23.prevention of black marketting and maintenance of essential commodities act, 1988.24.prevention of insult to state honour act, 1979.25.prevention of unfair means examination act, 1987.26.protection of human ..... rights act, 1997 .....