Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail merits and demerits of the evidence UAPA Grant of Chapters IV & VI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Unlawful Activities (prevention) Act, 1967 (37 of 1967) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Unlawful Activities (Prevention) Act, 1967 – Chapters IV & VI – ss.13, 16, 17, 18, 20 and 38-40 – Respondent was named as Accused No.10 in the FIR registered for offences punishable u/ss.120B, 121 and 121A of IPC and ss.13,16,17,18,20 and 38-40 of the 1967 Act – Respondent filed application for bail before the District and Sessions Judge, Special Court (NIA), New Delhi – Rejected – Order reversed by the High Court – On appeal, held: Elaborate examination or dissection of the evidence is not required to be done at the stage of considering the prayer for bail – Court is merely expected to record finding on the basis of broad probabilities regarding involvement of the accused in the commission of the stated offence or otherwise – High Court ventured into examining the merits and demerits of the evidence – Question of discarding the document at this stage, on the ground of being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the protected witnesses recorded u/s.164 of CrPC there are reasonable grounds to believe that the accusations made against the respondent are prima facie true – Role attributed to the respondent is that of being part of the larger conspiracy and to act as fund raiser and finance conduit – High Court erroneously proceeded on the premise that the charge-sheet makes no reference to any other criminal case against the respondent – High Court adopted an inappropriate approach whilst considering the prayer for grant of bail – Order passed by the High Court granting bail to the respondent, reversed – Order passed by the Designated Court rejecting the application for grant of bail made by the respondent, affirmed – Penal Code, 1860 – ss.120B, 121 and 121A – Narcotic Drugs and Psychotropic Substances Act, 1985 – Terrorist and Disruptive Activities (Prevention) Act, 1985 – Maharashtra Control of Organised Crime Act, 1999 – Code of Criminal Procedure, 1973 – ss.161, 164 and 173, 207 – Evidence Act, 1872 – s.34 – Bail . Unlawful Activities (Prevention) Act, 1967 – s.43D – Application of – Held: s.43D applies right from the stage of registration of FIR for offences under Chapters IV and VI of the 1967 Act until the conclusion of the trial thereof. Unlawful Activities (Prevention) Act, 1967 – Proviso to s.43D(5) – Purport of – Discussed. Bail – Grant of – Factors to be considered – Discussed. Words & Phrases – “prima facie true”, in context of 1967 Act – Meaning of – Unlawful Activities (Prevention) Act, 1967. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 456 |
Petitioner | National Investigation Agency |
Respondent | Zahoor Ahmad Shah Watali |
SCR | [2019] 5 S.C.R. 1060 |
Judgement Date | 2019-04-02 |
Case Number | 578 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |