Court : Delhi
..... appellant has accepted his conviction for the offences punishable under section 120b ipc and section 18, 20, 38 and 40 of the unlawful activities prevention act, 1997 (as amended).3. ..... page 13 of 49 bail application, the high court would not be able to ignore the limitations imposed on the power to grant bail by the proviso to section 43d(5) of the unlawful activities prevention act. ..... of limitation to file an appeal under section 14a(3) of the sc/st (prevention of atrocities) amendment act, 2015, (hereinafter referred to as the sc/st act) is ninety days. ..... page 43 of 49 provision of section 14a of sc/st (prevention of atrocities) amendment act,2015 (supra).83. ..... now turn to the decision of the full bench of the allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act,2015 (supra). ..... submits that the full bench of allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act, 2015, wp (crl. ..... present appeal has been preferred by the appellant under section 374 and 375 code of criminal procedure, 1973 (the code) read with section 21 of the national investigation agency act, 2008 (the nia act for short). ..... secretary, irrigation department, (2008) 7 scc169 wherein the supreme court considered whether section 5 of the limitation act could be invoked in respect of an application under section 34 of the arbitration and conciliation act. ..... state of punjab, (2008) 16 scc417 wherein the supreme court observed: .....
Tag this Judgment!Court : Rajasthan
..... given our anxious and thoughtful consideration to the submissions made by the learned counsels for the rival parties and carefully perused the provisions of the national investigation agency act, 2008 as well as the unlawful activities (prevention) act, 1967, as amended in the year 2008. ..... high court was considering a bail application filed on behalf of the accused-persons against whom first information report was registered for the offences under the indian penal code, explosive substances act and unlawful activities (prevention) act 1967. ..... application for grant of bail came to be filed by the accused-appellant before the special judge, jaipur, under the national investigation agency act, 2008, primarily on the ground that he is entitled for bail under section 167 (2) cr.p.c. ..... this criminal appeal under section 21 of national investigation agency act, 2008 has been filed against the order dated 07.05.2011 passed by the special judge, national investigation agency, rajasthan, jaipur whereby the application (no.47/2011) for bail filed by the accused-appellant had been ..... submitted that the order passed by the learned chief judicial magistrate on 19.04.2011 was without jurisdiction and a nullity because it was the special court alone, under the act of 2008, which is empowered to pass such an order. ..... case of state of bihar versus rambalak singh, the hon'ble suprme court was dealing with the matter under the provision of preventive detention and interim bail was granted to the detenue. 8. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai
..... cases on hand, since these cases were not investigated by the national investigation agency; (ii) the definition of the word "court" in section 2(1)(d) of the unlawful activities (prevention) act, 1967, does not include a special court constituted under section 22 of the nia act, 2008; (iii) the ordinary offences triable by the normal courts of sessions, cannot be taken to be acts of terrorism, so as to warrant trial by special courts and that by forcing the accused to engage a new counsel at the new place of trial, the valuable ..... before amendment by act 34 of 2008, the definition of the court under section 2(1)(d) of the ua act specified a criminal court having jurisdiction, under the code, to try offences under the said act. ..... by the amendment act 34 of 2008, the term special court derives its meaning from the definition as prescribed under section 2(1)(h) of the nia act. ..... the petitioners are facing trial under various offences along with several offences under ua act, 1967, as amended by act, 2008. ..... as a sequel, the definition clause under section 2(1)(d) of the ua act was amended by inserting the words and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008 (34 of 2008). 34. ..... there is no dispute that the offences punishable under the provisions of the ua act, as amended by act 34 of 2008, was a specified act under the said schedule. .....
Tag this Judgment!Court : Kerala
..... unlawful activities (prevention) act, 1967 (act 37 of 1967) was enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and ..... and the other accused in the present case are under sections 120b and 109 of the indian penal code and sections 22 and 39 of the unlawful activities (prevention) act. ..... or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine. 7. ..... act was amended in 2004 and the words and for dealing with terrorist activities ..... the uap act would apply whenever a witness or any other person in whom such witness may be interested is threatened with violence or is wrongfully restrained or confined or if any other unlawful act is done with the intent to cause any of the acts mentioned in ..... act was amended in 2008 ..... one among these provisions is subsection (5) of section 43-d of the act, which provides that notwithstanding anything contained in the code of criminal procedure, no person accused of an offence punishable under chapters iv and vi of the act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard .....
Tag this Judgment!Court : Mumbai
..... 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. ..... 2003), 1526(2004), 1566(2004), 1617(2005), 1735(2006) and 1822(2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organizations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to ..... (iv) the learned special judge had found that when approval for applying provisions of mcoc act had been accorded on 20th november, 2008, cognizance of two chargesheets filed on 13th november, 2008 and 15th november, 2008 against co-accused dhawade had not been taken by courts of jalna and parbhani; and the division bench decided to restrict itself to the question of ..... 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 .....
Tag this Judgment!Court : Delhi
..... registered by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. ..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... position on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967 .....
Tag this Judgment!Court : Delhi
..... registered by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. ..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... position on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967 .....
Tag this Judgment!Court : Delhi
..... registered by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. ..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... position on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967 .....
Tag this Judgment!Court : Andhra Pradesh
..... note of the contentions of the parties and dismissed the application with the following observation: "....since this court has already taken cognizance for the offences under sections 13, 5 read with sections 16, 18, 19, 23 of unlawful activities (prevention) act, 1967 as amended in the year 2008, it is deemed that this court has already come to the conclusion that there are reasonable grounds to believe that the accusations against the petitioners are prima facie true. ..... in turn, filed another charge sheet on 16-05-2011 alleging certain offences under various provisions of law, including the provisions of the unlawful activities (prevention) act, 1967, (for short 'the act').there is some uncertainty as regards array of the accused. ..... therefore, in view of the provision to sub section 5 to section 45 (d) of unlawful activities (prevention) act, 1967, even though, the petitioners are in judicial custody since more than two years.they are not entitled ..... fact that the sessions court has not considered the parameters for grant of bail and did not apply its mind to the other considerations set out above including the provisions of the unlawful activities (prevention) act, 1967, the impugned order is set aside...". ..... and another3, relied upon by the learned special public prosecutor; is a case, which arose under the terrorist and disruptive activities (prevention) act, 1987, and where the arms and ammunitions used in the terrorist activities were recovered, at the instance of the accused. .....
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