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A.S.ANAND, FAIZAN UDDIN
Hitendra Vishnu Thakuretc. etc. – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

Dr. Anand Rao, J. - In this batch of criminal appeals and special leave petitions (criminal) the three meaningful questions which require our consideration are: (t) when can the provisions of section 3(1) of the Terrorist and Disruptive Activities Act, 1987. (hereinafter referred to as the TADA) be attracted? (2) Is the 1993 Amendment, amending section 167(2) of the Code of Criminal Procedure by modifying Section 20(4)(b) and adding a new provision as 20(4)(bb), applicable to the pending cases i.e. is it retrospective in operation and (3) what is the true ambit and scope of section 20(4) and Section 20(8) of TADA in the matter of grant of bail to an accused brought before the Designated Court and the factors which the Designated Court has to keep in view while dealing with an application for grant of Bail under Section 20(4) and for grant of extension of time to the prosecution for further investigation under clause (bb) of Section 20(4) and incidently whether the conditions contained in Section 2(8) TADA control the grant of bail under Section 20(4) of the Act also? We shall take up for consideration these questions in seriatim.

2. When can the provisions of Section 3of o

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