SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Del) 1851

PRADEEP NANDRAJOG, MUKTA GUPTA
Syed Maqbool – Appellant
Versus
N. I. A. – Respondent


Advocate Appeared:
For the Appellants:Mehmod Pracha with Ajay Kalra, Advocates.
For the Respondent:Sanjay Jain, ASG instructed by, Amit Sharma, Shilpa Singh, Special P.Ps., Kanchan, P.P., Vikas Vaibhav, CIO, Amod Kumar, IO, Som Prakash, Advocate.

Judgment :

Pradeep Nandrajog, J.

1. Two legal issues have been raised by the appellants in the five captioned appeals. The first issue concerns the interpretation of the proviso to sub-Section 2 of Section 43D of the Unlawful Activities (Prevention) Act, 1967. The second concerns the interplay of sub-Section 2 of Section 173 of the Code of Criminal Procedure, 1973 with sub-Section 8 thereof.

2. Pursuant to FIRs registered by the National Investigating Agency for offences punishable under Section 121A and 123 of the Indian Penal Code, 1860 and Sections 17, 18, 18B, 19, 20, 38(2) and 39(2) of the Unlawful Activities (Prevention) Act, 1967 as amended by Act No.35 of 2008, the three appellants were arrested. Denied bail and sent to judicial custody the detention continued. Since investigation related to alleged offences committed under the Unlawful Activities (Prevention) Act, 1967 continued, Section 43D of the said Act permitted the designated Court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on May 23, 2013 an application was filed by the Investigating Officer supported by a report of the learned Public Prosecutor praying that period o





































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top