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Superintendent and Remembrancer of Legal Affairs, West Bengal on Behal ...

Court : Kolkata

Reported in : AIR1969Cal594,1969CriLJ1480

..... of 1966, there is no provision for cognizance as contained in the essential commodities act, x of 1955 or in 'he official secretsact but on a proper interpretation of sections 5 and 8(2) along with provisos (a) and (b) of the latter section of the railway property (unlawful possession) act, 1966 the report referred to in the said act is to be deemed to be one under chapter xiv of the code of criminal procedure and as such the cognizance taken is on a report by a police officer under section 190(1) (b), entailing ..... moitra is one of law and relates to procedure- she has contended that in view of the nature of the provisions of the railway properties (unlawful possession) act, 1966 (act 29 of 1966), cases instituted thereunder are not on a police report but on a complaint, attracting the provisions of section 252 and the following sections under chapter xxi of the ..... moitra has contended that in view of the nature of the provisions of the railway property (unlawful possession) act, 1906, cases instituted thereunder are not on a police report but on a complaint attracting the provisions of section 252 onwards of the code of criminal procedure and as such there is no obligation on the part ..... ghosh submitted in the first instance that the provisions of the railway property (unlawful possession) act, 1966 are quite clear and cogent, enjoining that cases instituted thereunder are on a police report, attracting the provisions of section 251a of the code of criminal procedure and requiring .....

Seltun Fison Anal Vs. State of Nagaland and ors.

Court : Guwahati

..... dealing with the conclusion of the detaining authority for preventing the detenu from indulging in activities prejudicial to the defence of india, security of state and maintenance of public order, do not mention the particulars of the unlawful activities prejudicial to the security of the state, which amounted to not furnishing adequate materials to the detenu to submit an effective representation against his detention. ..... be stated herein that being a member of an unlawful association itself incurs penal liability under section 10 of the unlawful activities (prevention) act, 1967. ..... simply because one is a member of an unlawful association, it will not attract section 3(2) of the act, 1980 without disclosing the prejudicial activities having a nexus with public order or the security ..... that you joined the unlawful association of nscn(im) with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established ..... and bjp membership card (photo copy) were recovered/seized from your possession and handed over to police for being an active member of unlawful association called nscn(im). ..... mentioned in the instant case, stating the foundation of the grounds for detention, only indicate that the petitioner is a member of an unlawful association, viz. ..... government ordered your detention under the provisions of the national security act, 1980 to prevent you from indulging in such unlawful activities.' 2. mr. .....

Seltun Fison Anal Vs. State of Nagaland and ors.

Court : Guwahati

..... with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established government of india.simply because one is a member of an unlawful association, it will not attract section 3(2) of the act, 1980 without disclosing the prejudicial activities having a nexus with public order or the security of the state. ..... dealing with the conclusion of the detaining authority for preventing the detenu from indulging in activities prejudicial to the defence of india, security of state and maintenance of public order, do not mention the particulars of the unlawful activities prejudicial to the security of the state, which amounted to not furnishing adequate materials to the detenu to submit an effective representation against his detention. ..... it may also be stated herein that being a member of an unlawful association itself incurs penal liability under section 10 of the unlawful activities (prevention) act, 1967.in view of the circumstances stated and the discussions made above, the continued detention of the detenu/petitioner ..... that you joined the unlawful association of nscn(im) with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established ..... and bjp membership card (photo copy) were recovered/seized from your possession and handed over to police for being an active member of unlawful association called nscn(im). .....

Ashruff. Vs. State of KeralA.

Court : Kerala

Reported in : ILR2010(4)Ker664

..... eventhough, in the initial remand reports the police took the stand that a1 to a7 were the assailants who formed the unlawful assembly, it was later conceded that the assailants were a14, a27, a28, a37, a49, a50 and a51 and that none of the petitioners herein had any role in the actual ..... on the other hand made the following submissions before me countering the aforesaid arguments: - all the offences under the unlawful activities (prevention) act incorporated in this case are punishable with imprisonment for more than 7 years. ..... a14, a27, a28, a37, a49, a50 and a51) formed themselves into an unlawful assembly armed with deadly weapons like hatchet , chopper, explosives etc. ..... the definition of the expression "court" under section 2 (d) of the unlawful activities (prevention ) act, can be adopted only if it fits in with the context and not when the ..... petitioners have been denied the above rights, the learned magistrate had absolutely no jurisdiction to deal with the matter with effect from 12-8-2010 when the offences under the unlawful activities prevention act, 1967, were incorporated. ..... moreover , going by the offences under the unlawful activities (prevention) act, a court of session alone can deal with the accused during the crime stage and ..... at length i am inclined to accept the contentions of the petitioners regarding the lack of authority of the magistrate to deal with the case after the incorporation of the offences under the unlawful activities (prevention) act, 1967 (the "u.a. .....

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... offences punishable under:i) section 120b ipc read with section 302 ipc for conspiracy to commit murder;ii) section 121 ipc for waging war against the government of india;iii) section 16 of the unlawful activities (prevention) act, 1967;iv) section 302 ipc for committing murder of 7 persons;v) section 302 ipc read with section 34 and section 302 ipc read with sections 109 and 120-b ipc. ..... , abducting in order to murder, robbery with attempt to cause death or grievous hurt, and several other allied offences under the penal code (ipc), committing terrorist act punishable under section 16 of unlawful activities (prevention) act, 1967, as well as offences under the explosives act, 1884, explosive substances act, 1908, and arms act, 1959.265. ..... the learned counsel went on to contend that, in any event, after the enactment of the very comprehensive provisions in chapter iv of the unlawful activities (prevention) act, 1967, the provisions of section 121 of the penal code would cease to apply to terrorist attack on the indian state on principles analogous to those governing the implied repeal of ..... the effect that if an offence comes within the definition of terrorist act under section 15 of the unlawful activities (prevention) act, it would automatically fall outof section 121 of the penal code, as also his rather extreme submission that the incorporation of chapter iv of the unlawful activities (prevention) act, 1967, should be viewed as deemed repeal of section 121 of the penal code .....

Salim Mohamed Babul Miniyar Vs. State of Maharashtra

Court : Mumbai

Reported in : 2001CriLJ58

..... case, one of the questions for determination before the supreme court was, whether an officer of the railway protection force ('rpf' for short) making an inquiry under the railways property (unlawful possession) act, 1966, in respect of an offence under section 3 of that act of unlawful possession of the railway property, was a police officer for the purposes of section 25 of the evidence act and section 162 of the code of criminal procedure, 1898 and whether ..... the supreme court after elaborate discussion on the powers of the investigating police officer and the powers of the rpf officer making an inquiry under the railways property (unlawful possession) act, 1966, came to the conclusion that the officer under the 1966 act was not a police officer for the purposes of section 25 of the evidence act and the confessional statement recorded by him ..... is, however, not correct in view of the fact that the officer of the railway protection force, making enquiry under section 8(1) of the railways property (unlawful possession) act, 1966, is not a police officer conducting an investigation under the code of criminal procedure. ..... - salim for the offence punishable under section 3(a) of the railways property (unlawful possession) act, 1966 and sentenced him to suffer r.i. ..... , who was sub inspector of rpf, was conducting an inquiry under section 8 of the railways property (unlawful possession) act, 1966. ..... had committed offence under section 3(a) of the railways property (unlawful possession) act. .....

Rajaram Shaw and Etc. Vs. State

Court : Kolkata

Reported in : 1998CriLJ592

..... 2, the complainant, on the other hand contended that the impugned proceeding is quite legal because it does disclose prima facie offences under section 3(a) of the railway property (unlawful possession) act against each of the petitioners and that the subsequent recovery dated 3-5-91 is so connected with the earlier recovery dated 24-4-91 as to form part of the same transaction and as such, there is no illegality in ..... . the impugned proceeding was registered on 24-4-1991 under section 3(a) of the railway property (unlawful possession) act following recovery of some railway properties from the immediate possession of one dhan bahadur gurung when his two associates namely munnabahadur ..... . on a plain reading of section 3(a) of the railway property (unlawful possession) act, it is clear that an offence under this section is committed by a person who is either found or is proved to have been in possession of any railway property which is reasonably suspected of having been stolen or unlawfully obtained and he fails to prove that the said property came into ..... about 1 -50 hours, on ramji prasad asi/rpf/lcd found one dhanbahadur gurung and his associates in unlawful possession of some railway properties at pocket siding of lcd post. ..... 1 (4) 1991 dated 24-4-91 under section 3(a) of the railway property (unlawful possession) act was registered, does not disclose any offence punishable under section 3(a) of the act against any of the petitioners and on that ground itself the proceeding is liable .....

Manohar Joshi Vs. NitIn Bhaurao Patil and Another

Court : Supreme Court of India

Reported in : 1996IAD(SC)93; AIR1996SC796; JT1995(8)SC646; 1995(7)SCALE30; (1996)1SCC169; [1995]Supp6SCR421

..... production of the official record including the literature of jamaat-e-islami hind depicting its philosophy and aims, and the intelligence reports without examining any witness who could depose from personal knowledge to the alleged unlawful activities of the association was held to be inadequate to support the declaration that jamaat-e-islami hind is an unlawful association as defined in the said act ..... . union of india : (1995)1scc428 , wherein the requirement of valid adjudication by the tribunal under section 4 of the unlawful activities (prevention) act, 1967 was indicated for the purpose of confirming the declaration made by the central government under sub-section (1) of section 3 that jamaat-e-islami hind is an unlawful association as defined in the said act ..... mentioned that the requirement of proof of a corrupt practice at the trial of an election petition is higher and confined to strict legal evidence, in comparison to the material on which the tribunal can rely for its decision under section 4 of the unlawful activities (prevention) act, 1967 to confirm the declaration by the central government of an association as unlawful.66 .....

Pebam Ningol Mikoi Devi .Vs. State of Manipur and ors.

Court : Supreme Court of India

..... the grounds also pointed out that the unlf is an unlawful association (declared so vide gazette of india notification, under no. s.o. ..... " (emphasis supplied) (para 6).23) furthermore, none of the other documents substantiate the involvement of the detenu in unlawful activities as alleged in the detention order. ..... was registered under section 17/20 of the unlawful activities (prevention) act, 1967, and the detenu was arrested on 18/09/2009 and remanded into police custody till 24/09/2009. ..... was registered under section 17/20 of the unlawful activities (prevention) act, 1967. ..... 17/20 of the unlawful activities (prevention) act, 1967. ..... 17/20 of the unlawful activities (prevention) act, 1967.d) statement of c/no. ..... 17/20 of the unlawful activities (prevention) act, 1967. .....

Vinay Kumar, Son of Late Mohan, and anr. Vs. State by Cottonpet P.S. C ...

Court : Karnataka

..... cmm, bangalore, taking cognizance of the offences against the petitioners is liable to be quashed.submitted that the prosecution he sanction order under section 45 of the unlawful activities (prevention) act, 1967 and section 39 of the arms act to prosecute the petitioners and others.therefore, the order dated 22.11.2010 is liable to be quashed.5. ..... on the other hand, the learned government pleader submitted that the prosecution can obtain sanction under section 45 of the unlawful activities (prevention) act, 1967 and section 39 of the arms act during the course of trial and it is open for the petitioners to challenge the order of the magistrate at the time of framing charges.11. ..... in the instant case, the offences alleged against the petitioners are under sections 120b, 121, 121a ipc and sections 17 and 18 of the unlawful activities (prevention act, 1967 and under sections 3 and 25 of the arms act. ..... relying on the above decisions, the learned counsel for the petitioners submitted that there is no valid sanction for prosecution of the petitioners as required under section 45 of the unlawful activities (prevention) act, 1937 and section 39 of the arms act. ..... and under section 45 of the unlawful activities (prevention) act, 1967. ..... case are as follows:the respondent-police registered the case in crime no.275/2010 against the petitioners and others for the offences punishable under sections 120b, 121, 121a ipc and section 18 of the unlawful activities (prevention) act, 1967. .....