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https://www.mhc.tn.gov.in/judis  CRLA.Nos.98, 114 & 116/2023 (13)The learned Senior counsel referred to Section 2[k][15] and the provisions under which the appellant is charged under UAPA. The learned Senior counsel relied upon several judgments of the Hon’ble Supreme Court and more particularly, the judgment of a Division Bench of this Court dated 01.08.2023 in Crl.A.No.678/2023 [M.Mohamed Abbas Vs. Union of India rep.by The Chief Investigating Officer, The Inspector of Police,NIA, Chennai Branch, Chennai] in relation to the same offences against one of the accused in relation to the same Crime Number in RC.No.42/2022/NIA/DLI. Since there is no allegation pointing out the commission of any act within the meaning of 'terrorist act’’ in terms of Section 15 of UAPA, the learned Senior counsel for the appellant in Crl.A.No.98/2023 submitted that in the absence of any allegation of offence under Section 15 of UAPA, the provisions under Chapter IV and Chapter VI of UAPA are not attracted and the appellant cannot be held guilty of any offence falling under Chapters IV and VI of the Act. He also pointed out that the Special Court failed to consider the case of the appellant and their specific plea both legal and factual.

(38)One of the main question that arise for consideration is whether Section 43[D][5] of UAPA can be relied upon to deny bail to the appellants in the present case?

https://www.mhc.tn.gov.in/judis  CRLA.Nos.98, 114 & 116/2023 (39)Section 2[1][k] of UAPA defines ‘’terrorist act’’ as an act which has the meaning assigned to it in Section 15. Therefore, the expression ''terrorism'' and ‘’terrorist act’’, has to be understood with due regard to Section 15 of UAPA.

(41)This Court carefully considered the statements of the Listed Witnesses and the materials collected against the appellants. We are unable to find commission of any offence by any of the appellants to attract Section 15 of UAPA. This fact is not disputed by the respondent. Even the learned Additional Solicitor General has conceded that the materials collected so far, will not reveal the involvement of any of the appellants for https://www.mhc.tn.gov.in/judis  CRLA.Nos.98, 114 & 116/2023 commission of any act within the meaning of Section 15 of UAPA.

https://www.mhc.tn.gov.in/judis  CRLA.Nos.98, 114 & 116/2023 (42)The word ‘prepare’ gives an ordinary dictionary meaning ''to make ready or fit or to bring into a suitable state or to train, learn or to make a preliminary study to make oneself ready and to make preparation''. The word ‘preparatory’ used in Section 18 of UAPA, at best, may mean any act which is just a step in aid or to prepare for commission of a terrorist act. When an unlawful Association is charged for any preparatory work, one can only presume, preparation for an unlawful act. In other words, any act which was intended by the appellants as members or office bearers of PFI, cannot be presumed to be an act covered under Section 15 of UAPA. Section 15, of course, refers to a terrorist act by using bombs.