Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unlawful Activities (Prevention) Act 1967 40 Bail under ss. 39 43D(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Unlawful Activities (prevention) Act, 1967 (37 of 1967) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Unlawful Activities (Prevention) Act, 1967 – ss. 39, 40, 43D(5) – Bail under –Special Judge found that appellants had not voluntary succumbed to the demands of the organization and investigating agency admitted that accused persons were cooperating in investigation –Bail was granted by the Special Judge – However, High Court reversed the order of the Special Judge – Before the Supreme Court, appellants contended that they were forced to make payments – Held: There are twin requirement under subsection (5) of s. 43D – First one being that the public prosecutor has to be given an opportunity of being heard – Second one, that the Court is of the opinion that there are reasonable grounds for believing that the accusation against such a person is prima facie true –In the instant case, the first requirement was met – As far as second requirement is concerned, a perusal of Sections 39 and 40 of the said Act would itself reveal, that for an act to constitute as an offence within the meaning of that section, it has to be done with the intention of furthering the activities –The Court has to differentiate between those who commit extortion on their own volition and those who are coerced to pay by compulsion –The Special Judge found that the prosecution was not able to show that the accused had voluntarily contributed to the funding of the outlawed outfits to execute their nefarious activities – Prima facie opinion of Special Judge cannot be said to be perverse – Impugned orders quashed and set aside. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 362 |
Petitioner | Kekhriesatuo Tep Etc. |
Respondent | National Investigation Agency |
SCR | [2023] 3 S.C.R. 523 |
Judgement Date | 2023-04-12 |
Case Number | 415 |
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