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A. HARIPRASAD, M. R. ANITHA
Muhammed Shafi P. – Appellant
Versus
National Investigation Agency, Kochi, Represented by Its Special Public Prosecutor – Respondent
JUDGMENT :
Hariprasad, J.
This batch of criminal appeals are directed against the orders passed by the learned Judge presiding over the Special Court for trial of NIA Cases, Ernakulam on applications for bail submitted by various accused in R.C.2/2020/NIA/KOC. It is seen that two common orders are passed by the learned Judge of the Special Court. Bail was granted to accused 8, 9, 11, 14, 16, 17, 18, 19, 21, 22, 23 and 24 as per order dated 15.10.2020 and to accused 17 and 18 as per order dated 23.10.2020. Both the orders are challenged before this Court by the Union of India represented by the National Investigation Agency, Kochi (“NIA”, in short). 7Th accused, whose bail plea was rejected, has preferred a separate appeal challenging the order dated 15.10.2020. Since identical factual and legal questions arise in all these cases, they are heard together. We dispose them by this common judgment.
2. Heard Shri Surya Prakash V.Raju, learned Additional Solicitor General of India (ASG) and Shri Arjun Ambalapatta, learned prosecutor for NIA and Shri S.Sreekumar, Shri Vipin Narayan, Sh
If a class can be found, but the specific words exhaust the class, then rejection of the rule may be favoured because its adoption would make the general words unnecessary; if, however the specific w....
Definition restricts it to counterfeiting of high quality currency. Needless to say that neither the charge-sheet nor the learned Special Court speak of any other terrorist act as defined under S.15(....
Smuggling of gold, even with intent to threaten economic security, does not constitute a terrorist act under Section 15(1)(a)(iiia) of the UA(P)A.
The judgment established the importance of consistent and reliable evidence in proving criminal charges. It also clarified the applicability of specific legal provisions to the accused's actions.
Smuggling of valuable materials, such as gold, can constitute a terrorist act under the Unlawful Activities (Prevention) Act, 1967 if done with intent to threaten the economic security of the country....
Exclusion of anticipatory bail under Section 438 of the Criminal Procedure Code is absolute for offences under the Unlawful Activities (Prevention) Act, necessitating prima facie evidence for conside....
The exclusion of Section 438 of the CrPC to offences punishable under the UAP Act is absolute. An application for anticipatory bail is not maintainable in respect of offences punishable under the UAP....
Sections 17 read as punishment for raising funds for terrorist act.
The main legal point established in the judgment is the application of the Customs act and the Prevention of Money Laundering act in determining the legality of the petitioner's actions and the bail ....
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