Court : Supreme Court of India
..... 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. ..... 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 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. ..... 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 preamble of 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 therewith .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is submitted that the nia act, 2008 and the unlawful activities (prevention) amendment act, 2008 were enacted by parliament on 31.12.2008. ..... 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 ..... the unlawful activities (prevention) act, 1967 (37 of 1967); ..... of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 (21 of 2005); 8. ..... investigation is made by the nia, jurisdiction would be to the special court under section 11 of the nia act and in case of investigation is by the state agency, jurisdiction would lie to the special court under section 22 of the act of 2008. ..... act provides eight categories of offences which are mentioned in the schedule to the act of 2008. ..... was sent to the state government on 15.4.2014 as per section 6(1) of the national investigation agency act, 2008 (for short 'the nia act'). ..... the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002 (69 of 2002 ..... the suppression of unlawful acts against safety of civil aviation act, 1982 (66 of 1982 ..... , thereafter continued by the state police in absence of any direction of the central government under the act of 2008. .....
Tag this Judgment!Court : Chennai
..... extended the period of remand from 20.06.2014 to 18.07.2014, based on the request of the first respondent, who, again, made a request to extend the remand for a period of 30 days from 18.07.2014, as per the provisions of section 43-d of the unlawful activities (prevention) amendment act, 2008. ..... 18.07.2014, the accused were produced before the special court on 20.06.2014 and on that day, on the request made by the first respondent seeking extension of the remand for a period of 30 days as provided under section 43-d of the unlawful activities (prevention) act, the learned special judge had passed the following order: acc. ..... it is relevant and useful to refer to some of the provisions of the unlawful activities (prevention) act, 1967 (central act 37 of 1967) (in short, the unlawful activities act). ..... , and it has been filed before the expiry of 180 days, as provided under the proviso to section 43-d(2) of the unlawful activities (prevention) act, 1967, subsequent remand stood regularised under section 309 of cr.p.c. ..... , the case is posted for framing charges and in the light of the fact that final report has been filed within 180 days, as provided under proviso to section 43-d(2) of the unlawful activities (prevention) act, subsequent remand stood regularized under section 309 cr.p.c. ..... , sections 3 and 4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967 on the file of the first respondent is illegal. 48. .....
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). ..... 11 the uap act was substantially amended by act 35 of 2008. ..... 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 : 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). ..... 11 the uap act was substantially amended by act 35 of 2008. ..... 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 : 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. ..... it was submitted that the applicant is against manoj raicha, because manoj raicha's activities relating to protection of cows, and that the applicant was an accused in the case of murder of suresh sherekar and lalit jain, who both were promoting the cause of protection ..... (in the chargesheet) 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 nachan (the present applicant), on his gang, on his alleged anti-national activities, on his having committed a number of serious offences such as bomb blasts etc. ..... no.16 of form 5e of the printed prescribed proforma, were properly and sufficiently described in those orders, and as such, they may be described in the same manner here as follows:- (a) the first informant manoj raicha, advocate, is an active member of the vishwa hindu parishad, and gowvansh saurakshan samiti. ..... provisions curtailing the discretion of the court in the matter of grant of bail, as found in section 21(4) of the mcoc act and sub-section (5) of section 43d of the uap act need to be interpreted, has been discussed extensively by me in my orders releasing the co-accused in this case, on bail. .....
Tag this Judgment!Court : Mumbai
..... 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. ..... -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 ..... 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. ..... 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. ..... code, the record is required to be kept in the form of a diary, and that was always the position, but it has become more glaring after the amendment of the said section by insertion of subsections (1a) and (1b) therein. ..... 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. ..... 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. .....
Tag this Judgment!Court : Chennai
..... will make it clear that the legislature intended to make a distinction between 'magistrate' referred to in section 167(2) of the code of criminal procedure amended by section 43-d of the unlawful activities (prevention) act, 1967, and the ".court". ..... section 167 of the code of criminal procedure, sub-section 2(b) of section 43-d of the unlawful activities (prevention) act 1967 and section 22 of the national investigating agency act, 2008, the learned judge of the kerala high court made a clear observation that the power of ..... counsel for the petitioners that in case, a special court is constituted under the national investigation agency act 2008, only such special court shall have the power to try the offences and hence, the special court alone shall have the power to extend the remand beyond 90 days under section 43-d of the unlawful activities (prevention) act, 1967.21. ..... was also made on behalf of the respondent that since the matter pertains to the procedure contemplated under the unlawful activities (prevention) act, 1967 and the national investigating agency act, 2008, the matter shall be dealt with by a division bench of this court and not by a single judge ..... such a contention cannot be accepted in view of the provisions found in section 16 of the national investigating agency act, 2008, giving the power to the special court to take cognizance of the offences, without the accused being committed to it for trial upon receiving a complaint of facts that constitute the offences or .....
Tag this Judgment!Court : Supreme Court of India
..... whereas, the central government in terms of the provisions of section 45(2) of the unlawful activities (prevention) act, 1967 (as amended) and the unlawful activities (prevention) (recommendation and sanction of prosecution) rules, 2008 referred the above mentioned investigation report vide this ministry s letter of even no.dated ..... registered against six persons under section 212, 213/34, 414 of the indian penal code, 1860 and sections 13, 17, 40 of the unlawful activities (prevention) act, 19673 and section 17 of the criminal law amendment act, 1908 on the allegation that rs.25.83 lakhs of demonetized currency was brought to the concerned branch of the state bank of india by ..... the authority, is satisfied that a prima facie case is made out against the accused persons/entities under the relevant sections of law and hereby accords sanction for prosecution under section 45(1) of the unlawful activities (prevention) act, 1967 by order and in the name of the president of india sd/- (dharmendar kumar) under secretary to the government of india (emphasis supplied) 16. the question of validity of sanction ..... letter dated 16th july, 2020 14|slp(crl)4866/2023 forwarded its report to this ministry within the time limit as prescribed in rule unlawful activities (prevention) (recommendation and sanction of prosecution) rules, 2008 and, after being satisfied with the material available on record and facts and circumstances therein, recommended for sanction for prosecution against the above .....
Tag this Judgment!Court : Mumbai
..... 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. ..... us that in the first supplementary chargesheet submitted on 29/9/2006 before the cjm, parbhani, the charge punishable under section 120b and section 153a of ipc was added and in the second chargesheet submitted on 13/11/2008 was filed for similar offences or very same offences but in the original chargesheet submitted on 7/9/2006 the charges levelled were punishable under sections 201, 307, 324, 337 and 338, 284, 286, 295 ..... special judge, therefore, concluded that the approval granted under section 23(1)(a) of the mcoc act on 20/11/2008 could not sustain in the eyes of law and was required to be quashed and consequently the order of sanction passed on 15/1/2009 under section 23(2) of the said act by the additional director general of police, railways, mumbai also did not survive. ..... urged that when the special court had taken cognizance of the offence under section 9(1) of the mcoc act by its speaking order, it could not have, in the eyes of law, held that both the court of the chief judicial magistrate at parbhani and jalna had not taken cognizance of the offences, before 20/11/2008, except for the offence punishable under section 153a of ipc and thus the special court committed a gross .....
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