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NATIONAL INVESTIGATION AGENCY vs. ZAHOOR AHMAD SHAH WATALI

SCR Citation: [2019] 5 S.C.R. 1060
Year/Volume: 2019/ Volume 5
Date of Judgment: 02 April 2019
Petitioner: NATIONAL INVESTIGATION AGENCY
Disposal Nature: Appeal Allowed
Neutral Citation: 2019 INSC 456
Judgment Delivered by: Hon'ble Mr. Justice A.M. Khanwilkar
Respondent: ZAHOOR AHMAD SHAH WATALI
Case Type: CRIMINAL APPEAL /578/2019
Order/Judgment: Judgment
1. Headnote

Unlawful Activities (Prevention) Act, 1967 – Chapters IV & VI – ss.13, 16, 17, 18, 20 and 38-40 – Respondent was named as Accused No.10 in the FIR registered for offences punishable u/ss.120B, 121 and 121A of IPC and ss.13,16,17,18,20 and 38-40 of the 1967 Act – Respondent filed application for bail before the District and Sessions Judge, Special Court (NIA), New Delhi – Rejected – Order reversed by the High Court – On appeal, held: Elaborate examination or dissection of the evidence is not required to be done at the stage of considering the prayer for bail – Court is merely expected to record finding on the basis of broad probabilities regarding involvement of the accused in the commission of the stated offence or otherwise – High Court ventured into examining the merits and demerits of the evidence – Question of discarding the document at this stage, on the ground of being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the protected witnesses recorded u/s.164 of CrPC there are reasonable grounds to believe that the accusations made against the respondent are prima facie true – Role attributed to the respondent is that of being part of the larger conspiracy and to act as fund raiser and finance conduit – High Court erroneously proceeded on the premise that the charge-sheet makes no reference to any other criminal case against the respondent – High Court adopted an inappropriate approach whilst considering the prayer for grant of bail – Order passed by the High Court granting bail to the respondent, reversed – Order passed by the Designated Court rejecting the application for grant of bail made by the respondent, affirmed – Penal Code, 1860 – ss.120B, 121 and 121A – Narcotic Drugs and Psychotropic Substances Act, 1985 – Terrorist and Disruptive Activities (Prevention) Act, 1985 – Maharashtra Control of Organised Crime Act, 1999 – Code of Criminal Procedure, 1973 – ss.161, 164 and 173, 207 – Evidence Act, 1872 – s.34 – Bail . Unlawful Activities (Prevention) Act, 1967 – s.43D – Application of – Held: s.43D applies right from the stage of registration of FIR for offences under Chapters IV and VI of the 1967 Act until the conclusion of the trial thereof. Unlawful Activities (Prevention) Act, 1967 – Proviso to s.43D(5) – Purport of – Discussed. Bail – Grant of – Factors to be considered – Discussed. Words & Phrases – “prima facie true”, in context of 1967 Act – Meaning of – Unlawful Activities (Prevention) Act, 1967.

2. Case referred
3. Act
  • Unlawful Activities (Prevention) Act, 1967 (37 of 1967)
  • Code Of Criminal Procedure, 1973 (2 of 1974)
4. Keyword
  • UAPA
  • Chapters IV & VI
  • merits and demerits of the evidence
  • Bail
  • Grant of
5. Equivalent citation
    Citation(s) 2019 AIR 1734 = 2019 (5) SCC 1 = 2019 (5) Suppl. SCC 1 = 2019 (4) JT 51 = 2019 (4) Suppl. JT 51 = 2019 (5) SCALE 775