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2019 Supreme(SC) 541

A.M.KHANWILKAR, AJAY RASTOGI
State By The Superintendent Of Police, National Investigation Agency, Kochi – Appellant
Versus
Shakul Hameed – Respondent


Advocates Appeared:
For the Petitioner:Mr. B. V. Balaram Das, Advocate
For Respondent:Mr. R. Chandrachud, Advocate

JUDGMENT :

Rastogi, J.

Leave granted.

2. The instant appeals have been filed against the judgment dated 12th September, 2018 passed by the High Court of Judicature at Madras granting bail in default to the accused respondent after setting aside the order dated 12th December, 2017 and 18th January, 2018 passed by the Special Court (under National Investigation Agency Act, 2008), Chennai holding that the detention of the accused/respondent for a further period of 90 days was not in compliance of Section 43D(2)(b) of the Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as (“UAP Act, 1967”)

3. The facts giving rise to these appeals insofar as they are relevant for disposal are that as per the case of the prosecution, nine named persons including the accused respondent were involved in a criminal conspiracy and they formed a terrorist gang, raised funds and trained some personnel and facilitated their travel from India to Syria to join the Daesh or the socalled ISIS. The National Investigating Agency, New Delhi registered a case no. R.C. No. 03/2017/NIA/DLI on 26th January, 2017 under Sections 120B IPC and Sections 17,18, 18-B, 20, 38, 39 and 40 of the UAP Act, 1967 a

































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