enforced.
Reliance was accordingly placed upon the provisions of Section 15 of UAPA
to submit that there was usage of bombs and there ... group of persons. By placing reliance upon the
provisions of Section 15 of UAPA Act and the punishment provided under
Section 16 of the said
offences under Section 120-B of IPC, Section 8 read with Section 21 and 29
of NDPS Act and Section 20 of UAPA ... Sections 120-B IPC and 29 of NDPS
Act , however, Section 8 read with 21 of NDPS Act and 20 of UAPA were
15
evidence,
the necessary ingredients to attract Section 12 of the UAPA Act are not made out.
5 of 15
::: Downloaded ... Section 11 of the UAPA Act
and not attract Section 17 of the UAPA Act thereof.
11. A further reference is made to Section
offence punishable under the UAPA. It has
also been held that the embargo under Section 43-D of the
UAPA would not negate the powers ... accepted. The term 'Terrorist Act' is defined in
Section 15 of the UAPA, 1967 which reads as under:-
"15. Terrorist
dated 08.11.2021, registered under Sections 307 , 427 ,
212 , 120-B IPC; Sections 3 , 4 , 5 of the Explosive Substances Act; Sections ... offence punishable under UAPA. It has
also been held that the embargo under Section 43-D of UAPA would not negate the
powers
accused notwithstanding
Section 43-D(5) of the UAPA. Similarly, in Sagar Tatyaram
Gorkhe v. State of Maharashtra [Sagar Tatyaram Gorkhe v.
15 ... that the presence of statutory
restrictions like Section 43-D(5) of the UAPA per se does not
oust the ability of the constitutional courts
cases in hand, learned counsel for both the parties have
referred to Section 43-D (5) of the NIA Act and the relevant extract ... other connected 10
15. While interpreting the provisions of Section 43-D(5) of the
UAPA in SLP (Crl.) No.10047 of 2023 titled
under Sections 18 and 19 of the Unlawful
Activities (Prevention) Act, 1967 (hereinafter to refer in short, as
UAPA) besides under Sections ... Under Sections 3 , 4 of
Explosive Substance Act, 1908, added later-on Sections
13 , 15 , 17 , 18 , 18-B , 20 of the UAPA
under Sections 10 , 13 , 18 and 20 of Unlawful
Activities (Prevention) Act, 1967 (for short 'the UAPA Act ') and Sections ... dated 28.09.2022 under Section
25 of the Arms Act and Sections 13 , 15 , 16 and 18 of the UAPA Act
registered at P.S. Arif
Indian Penal Code, Sections
25 , 27 of Arms Act and Sections 10 , 13 , 15 and 16 of Unlawful Activities
(Prevention) Act (UAPA), has been dismissed
