Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | charge-sheet proviso s.43D(2)(b) UAPA extension for investigation default bail s.43D |
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 – s.43D(2)(b),proviso – Claim of respondents/detenues for default bail based on the plea of non-fulfilment of requirement of proviso to s.43D(2)(b)– In the instant case, application for extension of period for investigation was filed by IO – On the same day itself, another application was filed under s.43D of the Act, for extension of period for further investigation and filing of charge-sheet in the said crime enumerating grounds in detail and signed by the Public Prosecutor – Request made in the application was granted –Aggrieved, respondents challenged the said order before High Court– High Court held that the Public Prosecutor did not apply his mind and thus mandatory requirement of the proviso to s.43D(2)(b) was not fulfilled – On appeal, held: The first document, purporting to be the application of the IO, contained the reasons for extended period of investigation but the second document detailed out the grounds in extenso and cannot be said to be a mere reproduction of what was stated in the first document – The second document talked about the development and progress in the investigation –A perusal of the grounds showed that the allegation was that all the respondents were active members of the banned organisation and in the course of investigation, the seized electronic records were sent to FSL, Mumbai, for its report, which was still awaited – The data was stated to be voluminous and further investigation was also required into the funding of the accused persons – The criminal conspiracy was stated to be spread over a number of cities, which needed further investigation – Further, the telephonic inter connection between the respondents and other ‘absconding and underground accused persons’ was also set out as grounds for seeking the extension – The material set out in this document met with the requirements of the proviso, insofar as the reasons for seeking extension for the period of investigation were concerned –It cannot, thus, be said that there was complete absence of application of mind by the Public Prosecutor – Since there was, as per the comparison of the two documents, an application of mind by the Public Prosecutor as well as an endorsement by him, the infirmities in the form would not entitle the respondents to benefit of a default bail when in substance there was an application of mind – Order of High Court is set aside. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2019 INSC 188 |
Petitioner | The State Of Maharashtra |
Respondent | Surendra Pundlik Gadling & Ors. |
SCR | [2019] 3 S.C.R. 310 |
Judgement Date | 2019-02-13 |
Case Number | 264 |
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