Unlawful
Activities (Prevention) Act, 1967 [hereinafter referred to as UAPA Act ]
to the instant case.
During the pendency of the petition, Mr. Bikash Ranjan
Bhattacharyya ... Code of
Criminal Procedure in terms of Section 43D(2) of UAPA Act and order
dated 28.6.2017 denying statutory bail to the petitioners herein. Such
Supreme
Court granted bail to the accused facing prosecution under UAPA Act
on the ground that accused is in custody for five years ... MCOC Act and
Section 43-D(5) of Unlawful Activities (Prevention) Act (UAPA Act).
The present case relates to offences under NDPS Act . Speedy trial
other connected cases -3-
Activities (Prevention) Act, 1967 (for short 'UAPA') have been invoked.
Brief Facts:
On 25.04.2020, Amarnath Inspector, Police Station Sadar ... registered
under Sections 10 , 11 , 13 , 17 , 18 , 20 , 21 of UAPA. A police team arrested
Hilal Ahmed Shergojari along with Rs.29 lakhs
Unlawful Activities (Prevention) Act, 1967 (hereinafter
referred to as "UAPA") and police party was able to arrest A-1 Hilal
Ahmed Shergojri along ... keeping in mind the
provision of Section 45(D)(5) of the UAPA, it has to be seen whether
accusation against the appellant is prima
Unlawful Activities
(Prevention) Act, 1967 (hereinafter referred to as 'UAPA').
2. FIR No. 21/11 PS Special Cell had been registered under
Sections ... NDPS Act '), 120B IPC and
Sections 18 and 20 of the UAPA against six persons namely Napoleon
State vs. Napoleon Thockchom
that the presence of
statutory restrictions like Section 43D (5) of UAPA perse
does not oust the ability of Constitutional Courts to grant
bail ... UAPA being used as the sole metric for denial of bail
or for wholesale breach of constitutional right to speedy
trial.
18. Adverting
interpreting section 43D(5) of Unlawful Activities
(Prevention) Act (for short 'UAPA'), the Apex Court in Union of India
Vs. K.A. Najeeb2 ... presence of
statutory restrictions like Section 43-D(5) of the UAPA per
se does not oust the ability of the constitutional courts to
grant
NDPS Act and SEC.17, 18 & 20
UAPA, 1967."
3. The appellant, who is an Afghan national, is attributed
with the role that ... proves beyond doubt that the appellant has not committed any
offence under UAPA or NDPS Act . The trial of the case would
result
being
guilty or not, or whether rigours of Section 43D(5) of
UAPA are alien to him. The High Court instead appears
to have exercised ... without addressing the statutory embargo
created by Section 43-D (5) of UAPA.
11. The High Court's view draws support from a batch
Unlawful Activities
(Prevention) Act, 1967 (for short "UAPA") r/w. Section 66 of the
Information Technology Act, 1967 r/w Section ... India. He submitted that, minimum
sentence prescribed under Section 18 of the UAPA is five years of
imprisonment and assuming for the sake of argument
