Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2004 section 5 amendment of section 5 Page 1 of about 1,206 results (0.209 seconds)

National Investigation Agency, Nia, Hyde Vs. Devendra Gupta and Anothe ...

Court : Andhra Pradesh

..... sections 13, 15 r/w.16, 17, 18, 19 and 23 of unlawful activities (prevention) act, 1967 (as amended in 2004) and sections 3, 4 and 5 of explosive substances act ..... with the other persons for causing explosions in the mecca masjid, hyderabad and in other places and that they are alleged to be involved in unlawful activities and terrorist acts as defined in section 13 and 15 of the unlawful activities (prevention) act, 1967. ..... under s.13 and 15 of the unlawful activities (prevention) act, 1967, the court below should also have kept in mind the proviso to sub-section (5) of section 43(d) of the said act. ..... said purchase of cell phone ; it is not as if the rss, an organization in which the accused are members is a banned organization or a terrorist organization notified in the schedule to the unlawful activities (prevention) act, 1967; merely, because the accused are members of the said organization, they cannot be prosecuted; and therefore, prayed that the order of the sessions court be confirmed.12. ..... accused resulted in the death of nine persons and injuries to fifty-eight persons by the use of high explosives which is a terrorist act within the meaning of section 15 of un-lawful activities (prevention) act, 1967 as amended in 2008; (i) as per section 43(d) of the said act, no person accused of an offence under the said act is entitled to be released on bail, if the accusation against him is prima facie true; (j) a.3 and a.4 are still at large and despite strenuous efforts by several .....

Ghulam Mohd. Bhat Vs. State

Court : Jammu and Kashmir

Reported in : 2009CriLJ2216

..... 95/2007 under sections 10, 17, 18, 20, 21 unlawful activities (prevention) amendment act, 2004 and 120-b/121 ..... 252/07 under sections 17, 18, 21, 24 and 40 of unlawful activities (prevention) amendment act, 2004 registered at police station, udhampur, in which it is alleged that he ..... and take that factor into account while making the order, but, even so, if the detaining authority is reasonably satisfied on cogent material that there is likelihood of his release and in view of his antecedent activities which are proximate in point of time he must be detained in order to prevent him, from indulging in such prejudicial activities the detention order can be validly made even in anticipation to operate on his release. ..... copy of the order of detention has not been furnished to the detenu, that there were no compelling reasons for directing preventive detention of the detenu with the detaining authority, that the grounds on the basis of which the detenu has been detained under the provisions of the act are not only ambiguous, uncertain and untenable but are also untrue and that the proper procedure has not been ..... etah : 1986crilj312 (supra) has observed:what was stressed in the above case is that an apprehension of the detaining authority that the accused if enlarged on bail would again carry on his criminal activities is by itself not sufficient to detain a person under the national security act.the court further observed:every citizen in this country has the right to have recourse to law. .....

Ravinder Kumar JaIn Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ567

..... 252/07 under sections 17/18/21/24/40 unlawful activities prevention amendment act, 2004 at police station, udhampur and recovery of huge amount generated as terrorists' fund abroad was effected from him. ..... for reference, one para from the grounds of detention calls for reproduction, which reads thus:whereas your involvement in hawala scandals has been established in case fir no: 252/07 under section 17/18/21/24/40 of un-lawful activities (prevention) amendment act 2004 p/s udhampur after the recovery of huge amount from your associates generated through the terrorist fund abroad. ..... according to learned counsel, the detenu had not even applied for bail in the aforesaid case of unlawful activity and, therefore, there could not be any justification for passing the detention order. ..... in the order passed by state advisory board constituted under section 14 of the act, it is mentioned in so many words that the grounds of detention was provided to the detenu to make an effective representation to the government if he so desired. ..... both these persons were also booked separately under section 8 of the act by district magistrate, udhampur and their detentions have been quashed in two different writs bearing hcp no. ..... abrol then submits that if one reads the grounds of detention thoroughly, the main ground for detaining the detenu under the act is that in the event of he being released on bail in near future, there was likelihood of his being continuing in anti-national activities. .....

Jamali Khan Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ387

..... was thus registered against the petitioner and others under sections 17/18/21/24/40 of the unlawful activities (prevention) amendment act, 2004.4. ..... preventive detention of a person who is already in police custody is, no doubt, permissible under section 8 of the act yet while directing preventive detention in such cases, the detaining authority is required to spell out his satisfaction, that the detenu, if released on bail, was likely to indulge in activities prejudicial to the security of the state or maintenance of public order or the like warranting preventive ..... 2007/19 of 19 december, 2007 detaining him under section 8 of the jammu and kashmir public safety act, 1978, for a period of two years for his activities prejudicial to the security of the state,2. ..... supply of the police dossier and other material to the petitioner and non-disclosure of the nature of material in the grounds of detention, on the basis whereof the district magistrate had proceeded to detain him under section 8 of the act would, in my opinion, deprive the detenu of his right to make an effective representation to the government against his detention. ..... material/documents relied upon by the district magistrate to the petitioner had prejudiced him in making an effective representation to the government against his detention and in that view of the matter petitioners statutory right under section 13 of the public safety act and fundamental right under article 22(5) of constitution of india had been violated.10. .....

Zameer Ahmed Latifur Rehman Sheikh, Vs. the State of Maharashtra throu ...

Court : Mumbai

Reported in : 2008(1)ALLMR391; 2007(6)BomCR294

..... since the stress is on the offence of 'promoting insurgency' found in section 2(1)(e) of the mcoca and 'terrorist act' or 'terrorism' as defined in the uapa, 1967 as amended by the unlawful activities (prevention) amendment act, 2004, it is necessary to understand the meaning of these terms. 40 ..... . sebastian also contended that part of section 2(1)(e) of the mcoca with respect to 'promoting insurgency' and the allied sections of the mcoca to the extent they concern 'promoting insurgency' are in conflict with the uapa, 1967 as amended by unlawful activities (prevention) amendment act, 2004 and, hence, they are repugnant to the said provisions and may be declared to be ..... subsequently pota was repealed on account of its misuse and unlawful activities prevention (amendment) act, 2004 was enacted and incorporated in the unlawful activities prevention act, 1967 (for short, 'uapa 1967') ..... . they deal with the same subject and as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in uapa 1967 must prevail over the mcoca so far as insurgency is ..... . it is also contended that as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in the uapa, 1967 must prevail over the mcoca so far as insurgency is concerned. ..... . it is, therefore, necessary to examine whether unlawful activities (prevention) amendment act, 2004 incorporated in uapa, 1967 is repugnant to the mcoca so far as it refers to insurgency. .....

Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra and ors.

Court : Supreme Court of India

..... 1977 of 2008, in addition to the above noted submission, submitted that section 2(1)(e) of the mcoca so far as it covers 'insurgency' is repugnant and has become void by enactment of the unlawful activities (prevention) amendment act, 2004, amending the unlawful activities (prevention) act, 1967 ('uapa' hereinafter). ..... the appellants have challenged the constitutional validity of section 2(1)(e) of the mcoca, so far it relates to 'promoting insurgency' on following two grounds:(a) the maharashtra state legislature did not have legislative competence to enact such a provision; and (b) the part of section 2(1)(e) of the mcoca, so far as it covers case of 'insurgency', is repugnant and has become void by enactment of the unlawful activities (prevention) amendment act, 2004 amending the unlawful activities (prevention) act, 1967.10. ..... the part of section 2(1)(e) of the mcoca, so far as it covers case of insurgency, is repugnant and has become void by the enactment of unlawful activities (prevention) amendment act, 2004 amending the unlawful activities (prevention) act, 1967.45. ..... a further amendment was made to the uapa, namely, the unlawful activities (prevention) amendment act, 2008 and so the matter was again listed for hearing in order to ascertain the impact, if any, of the said amendment to the issue in hand. mr. .....

Susan Abraham Vs. State of Maharahtra Through the Secretary, Home Mini ...

Court : Mumbai

..... section 120-b, and 121a of the indian penal code and the provisions of the arms act, explosive substances act, indian explosives act and unlawful activities prevention (amendment) act, 2004 ..... officer in charge of the prison to produce such person before the court for answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.on careful reading of sub-section (1) of section 267, it would appear that the court may issue a production warrant directing the officer in charge of prison (a) to produce a person confined or detained in prison, (b) before the court (c) for answering to ..... that whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the investigating officer, who ..... the prison, because in case the officer-in-charge of prison abstains from carrying out the court's orders issued under section 267 of the criminal procedure code, the prosecution will then have to undergo the same exercise and, therefore, before such an order under section 267 of the criminal procedure code is sought to be enforced, if the prosecution is already armed with the ..... amendments were made in the criminal procedure code in 2005 and 2008 and sections 41a, 41b, 41d, 50a, 53a, 54a, 55a, 60a and proviso to section .....

The State of Maharashtra at the Instance of A.T.S. Police Station. Vs. ...

Court : Mumbai

..... for trial of the offences punishable under sections 302, 307, 326, 324, 427, 153a, 120b of ipc read with sections 25(1) and 25 (3) of the arms act read with sections 3, 4, 5, 6 of explosive substance act read with sections 15, 16, 17, 18, 20 and 23 of unlawful activities (prevention) act, 1967 (amended) 2004. ..... 302, 307, 326, 324, 427, 153a, 120b of the indian penal code r/w 3, 5, 25 arms act, r/w 3, 4, 5, 6 of explosive substance act r/w 15, 16, 17, 18, 20 and 23 of unlawful activities (prevention) act, 1967 (amended) 2004. ..... however, in view of the finding arrived at in the above paragraph, as all the accused are entitled to be discharged of the offences under the mcoc act, i am not considering the case of the applicant accused for the offences under the indian penal code, unlawful activities (prevention) act 1967, arms act, indian explosive substance act etc. ..... 11 of the act, the case will have to be transferred to the regular court for trial of the offences under the indian penal code, unlawful activities (prevention) act, 1967 etc."5. ..... he also submitted that in the instant case, the prosecution failed to make out a case of "continuing unlawful activity" by an individual singly or jointly, as a member of an organised crime syndicate and, in fact, there was no orgnised crime syndicate as defined in clause (f) of section 2(1) of the mcoc act, when the chargesheets were filed and cognizance was taken by the learned cjm at parbhani as well as at jalna. mr. .....

Lt Col Prasad Shrikant Purohit Vs. The State of Maharashtra

Court : Supreme Court of India

..... on 18.10.2008, the provisions of sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 (amended) 2004, (in short the uap act ) were invoked and the case was entrusted to deputy superintendent of police, (hq), nasik rural. ..... that the ats mumbai may have planted the rdx traces to implicate him and the other accused persons in the case.19) further, with regard to the contention of learned senior counsel as to the non-applicability of section 43-d(5) of the uap act or want of valid sanction for the prosecution, it was rightly suggested by the learned asg that it can be considered at the time of trial and not at this stage. ..... the statements of pw-180 and pw-183 also indicate the same but the courts below disbelieved the version of nia in this regard.10) further, learned senior counsel strenuously contended that whether the amended provision of section 43(d)(5) of the uap act be applied retrospectively to the appellant herein. ..... (f) after completion of the investigation, on 20.01.2009, the ats, mumbai, filed charge sheet under sections 302, 307, 326, 324, 427, 153a read with section 120b of the ipc and sections 3, 5 and 25 of the arms act and sections 15, 16, 17, 4 18, 20 and 23 of the uap act, sections 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(5) of the mcoc act, sections 3, 4, 5 and 6 of the explosive substances act. .....

Lt. Col. Prasad Shrikant Purohit Vs. the State of Maharashtra

Court : Mumbai

..... of section 2(1)(e) of the mcoca, so far as it covers case of insurgency, is repugnant and has become void by the enactment of unlawful activities (prevention) amendment act, 2004, amending the unlawful activities (prevention) act, ..... bomb blasts at malegaon, district nasik on 29th september, 2008, for their alleged involvement in offences punishable 120b, 302, 307, 326, 324, 153-a, 427 of the indian penal code read with sections 3, 4, 5 and 6 of explosive substances act read with sections 3(1)(i), 3(2), 3(4) and 3(5) of the maharashtra control of organised act (hereinafter referred to as mcoca ) and read with sections and sections 3, 5 and 25 of the indian arms act read with sections 16, 18 and 23 of unlawful activities (prevention) act (hereinafter referred to as uapa ). ..... the uapa was also amended to state that the said act is enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations, and dealing with terrorist activities and for matters connected ..... the question in the present case is raised particularly in the context of definition of construing unlawful activity in section 2(1)(d) of mcoc act which reads as under :- section 2(1)(d) continuing unlawful activity means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in .....