Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, C.S. SUDHA
Ahammedkutty Pothiyil Thottiparambil S/o Late Mohammed @ Bappu Haji – Appellant
Versus
Union of India, Rep. by the National Investigation Agency, Kochi – Respondent
JUDGMENT :
P.B. SURESH KUMAR, J.
1. The moot question in this case is whether the exclusion of the application of Section 438 of the Code of Criminal Procedure (the Code) to the offences punishable under the Unlawful Activities (Prevention) Act, 1967 contained in Section 43D(4) of the said Statute, is absolute.
2. The appellant is accused No.20 in R.C.No.2/2020/NIA, a crime registered under Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (the UAP Act). The appellant challenges in this appeal, the order dismissing the application preferred by him before the Special Court for Trial of NIA Cases (the Special Court) seeking anticipatory bail in the said case.
3. On 5.7.2020, 30.244 kg of 24 karat gold valued 14.82 crores was seized from an import cargo addressed to the Consulate General of the United Arab Emirates (UAE) in Thiruvananthapuram at the Air Cargo Complex of the Thiruvananthapuram International Airport by Customs (Preventive) Commissionerate, Cochin. It is seen that based on information that the proceeds of the smuggled gold could be used for financing terrorism in India, the Ministry of Home Affairs, Government of India directed the National Investigati
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....
Section 438 of Cr.P.C. provides for issuing directions for granting bail to a person apprehending arrest.
The exclusion of anticipatory bail under Section 438(4) is not absolute; it applies only when a prima facie case exists and does not prevent bail in cases of patently false allegations.
(1) Bail application – Exercise of general power to grant bail under UAP Act is severely restrictive in scope – In dealing with bail applications under UAP Act, courts are merely examining if there i....
The court reaffirmed that anticipatory bail is not maintainable under Section 43D(4) of the UAPA in cases involving serious charges of terrorism, emphasizing the need for custodial interrogation in s....
The court established that for offenses under the UA(P) Act, mere association with a terrorist organization is insufficient for conviction; intent to further the organization's activities must be pro....
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Exclusion of pre-arrest bail in Section 438(4) is not absolute; courts can grant bail if no prima facie case of assault is established.
The court emphasized the exceptional nature of anticipatory bail under Section 438 of the Code of Criminal Procedure, highlighting the need to balance personal liberty with the investigative rights o....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
