A.M. SHAFFIQUE, P.UBAID

We are on a question of law referred by a Division Bench of this Court by the reference order dated 23.6.2017, as to whether production or smuggling or import or circulation of 'high quality counterfeit Indian paper currency' in India, prior to the coming into force of the Unlawful Activities (Prevention) Amendment Act 2012 (Act No.3 of 2013) is punishable as a terrorist act under Section 16 of the Unlawful Activities (Prevention) Act (for short U.A.(P) Act). While hearing the above appeal, the Division Bench felt the necessity of reconsideration of the decision of another Division Bench of this Court in Shareef v. State (2013 (4) KLT 60). Accordingly, the question of law was referred to a Full Bench. In Shareef's case, the Division Bench held that import or smuggling or production or circulation of 'high quality counterfeit Indian paper currency' even prior to the coming into force of the Unlawful Activities (Prevention) Amendment Act of 2012 is a terrorist act under the un-amended Section 15 of the U.A.(P) Act, as it stood prior to 1.2.2013. The Act No.3 of 2013, amending the provisions of the U.A.(P) Act came into force on 1.2.2013. Incidentally,