Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Court: supreme court of india Page 1 of about 1,121 results (0.166 seconds)

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

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 .....

Fuleshwar Gope Vs. Union Of India

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 .....

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 ..... counsel further contended that earlier, the bail applications were rejected mainly on the basis of the confessional statements of the co-accused under the mcoc8act and now, as the charges under the mcoc act have been dropped, the confessional statements of the co-accused are required to be excluded from consideration and in their absence thereof, there is no incriminating material against the appellant herein so as ..... before the court of special judge under mcoc act, 1999 and nia act, 2008 for greater mumbai. ..... 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. ..... amended on 31.12.2008 while the incident had taken place on 29.09.2008 ..... 2008, the anti-terrorist squad (ats), mumbai took charge of the investigation and on 29.11.2008, the provisions of maharashtra control of organized crime act, 1999 (in short the mcoc act ..... no.130/2008 in azad nagar police station, malegaon under sections 302, 307, 326, 324, 427, 153-a and 120-b of the indian penal code, 1860 (in short the ipc ) read with sections 3, 4, 5 and 6 of the explosive substances act read with sections 3, 5 and 25 of the arms act, 1959. .....

Pradeep Ram Vs. The State of Jharkhand

Court : Supreme Court of India

..... in the present case, the appellant was not arrested by the investigation agency after addition of sections 16, 17, 20 and 23 of the unlawful activities (prevention) act, 1967, rather he was already in jail in connection with some other case and an application 12 was filed in the court of special judge by the prosecution praying for production warrant, which application having been allowed, the ..... , 2018 order32whereas, the central government has received information regarding registration of a case fir no.02/2016 dated 11.01.2016 at tandwa ps, district chatra, jharkhand u/s 414, 384, 386, 387, 120b of the indian penal code, sections 25(1-b)(a), 26, 35 of arms act and section 17(1)(2) of criminal law amendment act relating to incidents of extortion/levy collection/money laundering by the maoist cadres in the lwe affected states like jharkhand and bihar. ..... now, therefore, in exercise of the powers conferred under sub-section 5 of section 6 read with section 8 of the national investigation agency act, 2008, the central government hereby suo-motu directs the national investigation agency to take up investigation of the aforesaid case. ..... central government issued an order dated 13.02.2018 in exercise of power conferred under sub-section 5 of section 6 read with section 8 of the national investigation agency act, 2008 suo-moto directing the national investigation agency to take up investigation of case f.i.r. .....

Bikramjit Singh Vs. The State Of Punjab

Court : Supreme Court of India

..... the learned sub-divisional judicial magistrate had, by an order dated 13.02.2019, already extended time from 90 days to 180 days under section 167 of the code of criminal procedure, 1973 (hereinafter referred to as the code ) as amended by the unlawful activities (prevention) act, 1967 (hereinafter referred to as uapa ) see section 43-d(2). ..... - in exercise of the powers conferred under sub-section(1) of section 22 of the national investigation agency act, 2008 (central act no.34 of 2008), and all other powers enabling him in this behalf, the governor of punjab, with the concurrence of hon'ble chief justice of the high court of punjab and haryana, 18 chandigarh, is pleased to constitute the courts of ..... -(1) in this act, unless the context otherwise requires,- xxx xxx xxx (d) court means a criminal court having jurisdiction, under the code, to try offences under this act and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008 equally important is the provision contained in section 43-d(2) of uapa, which is set out as follows: ..... way of a revision petition by the appellant and his co-accused, which revision succeeded by an order dated 25.03.2019, by which the learned additional sessions judge being the special court set up under the national investigation agency act, 2008 (hereinafter referred to as the nia act ) held as follows: 6. ..... scheme has been completely done away with by the 2008 act as all scheduled offences i.e. .....

Sudesh Kedia Vs. Union Of India

Court : Supreme Court of India

..... the appellant is accused of committing offences under sections 120b/414/384/386/387 of the indian penal code,1860 (ipc) read with sections 17/18/21 of the unlawful activities (prevention) act, 1967 along with sections 25 (1b) (a)/26/35 of the arms act and section 17 (1) (2) of the criminal law amendment (cla) act. ..... in exercise of powers conferred under section 6 (5) and section 8 of the national investigation agency act, 2008, the central government directed nia to take up investigation in view of the gravity of the offences involving seizure of arms and ammunitions and huge amounts 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 8 | pa ge the satisfaction to be recorded for the purposes of the 1967 act that there are reasonable grounds for believing that the accusation against such person is prima facie true. ..... was submitted on behalf of the appellant that a perusal of the charge- sheet and the other material on record would not disclose any offence under section 17 of the ua (p) act as it cannot be said that by any stretch of imagination that the appellant has raised funds for the terrorist organization.8. ..... notably, under the special enactments such as tada, mcoca and the narcotic drugs and psychotropic substances act, 1985, the court is required to record its opinion that there are reasonable grounds for believing that the accused is not guilty of the alleged .....

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

Court : Supreme Court of India

..... 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. ..... 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 ..... 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. ..... notably, under the special enactments such as tada, mcoca and the narcotic drugs and psychotropic substances act, 1985, the court is required to record its opinion that there are reasonable grounds for believing that the accused is not guilty of the alleged ..... aggrieved by the rejection of the bail application, the respondent herein preferred a separate criminal appeal under section 21 of nia act, 2008 before the high court of jharkhand, ranchi. .....

Sri Indra Das Vs. State of Assam

Court : Supreme Court of India

..... of terrorists and disruptive activities, 1989, section 10 of the unlawful activities (prevention ) act 1967, etc. ..... been no constitution having fundamental rights in it then of course a plain and literal meaning could be given to section 3 (5) of tada or section 10 of the unlawful activities (prevention) act. ..... 3 (5) of tada or section 10 of the unlawful activities (prevention) which on their plain language make mere membership of a banned organization criminal have to be read down and we have to depart from the literal rule of interpretation in such cases, otherwise these provisions will become unconstitutional as ..... the case of arup bhuyan (supra), the only evidence against the appellant in this case is his alleged confession made to a police officer, for which he was charged under the terrorist and disruptive activities (prevention) act, 1987 (in short `tada').4. ..... speaking for the court observed :"those who join an organization but do not share its unlawful purposes and who do not participate in its unlawful activities surely pose no threat. ..... air 1964 sc 1230 applied the same principle in construing section 40(1), clause (aa) of the land acquisition act, 1894, as amended by act 31 of 1962 so as to confine its application to such `building or work' which will subserve the public purpose of the industry or work in which the company, for which acquisition is made, ..... bhaurao punjabrao gawande, (2008) 3 scc 613 (para 23) this court observed : "...personal liberty is a ..... laxmi devi 2008(4) scc .....

Redaul HussaIn Khan Vs. National Investigation Agency

Court : Supreme Court of India

Reported in : JT2009(15)SC224; 2009(14)SCALE105; (2010)1SCC521

..... application before the guwahati high court and while the same was pending, the government of india, ministry of home affairs, issued a notification dated 9th july, 2009, in exercise of its powers under section 3 of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the '1967 act'), declaring the dhd(j) along with its factions, wings and front organizations to be an 'unlawful association'.4. ..... ghosh that the provisions of the unlawful activities (prevention) act, 1967, would not be attracted to the facts of the case. ..... 4 lakhs was seized, had been denied bail despite the fact that there was no evidence whatsoever, to connect him in any way with any 'terrorist act' or 'unlawful activity', as defined under section 2(1)(k) and (o) of the 1967 act. mr. ..... while the investigation was pending with the state police, the national investigating agency constituted under the national investigation agency act, 2008 (hereinafter referred to as 'the 2008 act') took over the investigation on 5th june, 2009 and the case was renumbered as n.i.a. ..... by the nia on 27th august, 2009, the sessions judge (special court), kamrup, by its order dated 28thaugust, 2009 extended the period for completion of investigation by a further period of 60 days in terms of section 43d(2)(b) of the 1967 act as amended, read with section 167 cr.p.c. .....

Priya Indoria Vs. The State Of Karnataka

Court : Supreme Court of India

..... we also note that the code of criminal procedure (uttar pradesh amendment) act, 2022 makes the provision of anticipatory bail inapplicable (a) in case of offences arising out of, (i) the unlawful activities (prevention) act, 1967; (ii) the narcotic drugs and psychotropic substances act, 1985; (iii) the official secrets act, 1923; (iv) the uttar pradesh gangsters and anti-social activities (prevention) act, 1986; (v) the protection of children from sexual offences act, 2012; (b) to those offences in which the death sentence may be awarded; (c) to the offences of rape ..... interference with both the right and the duty of the police in the matter of investigation 35 because regardless of what kind of offence is alleged to have been committed by the applicant, when an order of bail comprehends allegedly unlawful activity of any description whatsoever, this will prevent the police from arresting the applicant even if he commits, say, a murder in the presence of the public. ..... section 439 of the code, if he wants to be released on bail in respect of the offence or offences for which he is arrested.11.3 cautioning the courts against granting blanket order of anticipatory bail so as to cover or protect any and every kind of allegedly unlawful activity, or eventuality, it was observed that there must be a genuine apprehension of arrest by the applicant and there must be something tangible to go by on the basis of which it can be said that the applicant s apprehension of arrest is genuine. .....