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Search Results for "POTA"

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High Court

Bombay High Court Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

5 Oct 2012

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...

High Court

Bombay High Court Dismisses Bail Appeal in POTA Case — Confessional Statement of Co-Accused and Recovery of AK-56 Rifle Considered Sufficient for Prima Facie Case. The court held that the confessional statement of a co-accused and recovery of an AK-56 rifle are relevant considerations for denying bail under Section 49 of the Prevention of Terrorism Act, 2002.

19 Dec 2005

The appellant, Aatif Nasir Mulla, was an accused in POTA Special Case No. 2 of 2003 pending before the Special Court, Mumbai, for his alleged involvem...

High Court

Bombay High Court Allows Bail Application in POTA Case Due to Non-Application of Mind by Special Judge. The Special Judge must consider merits of bail application and cannot reject it summarily on ground of earlier rejection without examining change in circumstances.

26 Jun 2006

The appellant, original accused no. 11, was facing trial in POTA Special Case No. 2 of 2003 before the Special Judge under POTA. He filed a bail appli...

High Court

Bombay High Court Dismisses Appeal Against Joint Trial in POTA Bomb Blast Cases — No Prejudice Shown for Separate Trials Under Section 34 of POTA. The court upheld the Special Court's order rejecting the appellant's application for separate trials, holding that the offences were part of the same transaction and no prejudice was demonstrated.

6 Oct 2005

The appellant, Adnan Bilal Mulla, was being tried along with others in POTA Special Case No. 2/03 before the Special Court under the Prevention of Ter...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

30 Jan 2006

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

High Court

High Court of Karnataka Quashes FIR in Criminal Petition Under Section 482 CrPC — Allegations of Mischief, Criminal Intimidation, and Cheatment Found to Be Civil Dispute. Court Held That Where Dispute Is Purely Civil in Nature, Criminal Proceedings Cannot Be Sustained and Are an Abuse of Process of Law.

9 Apr 2021

The petitioners, Mrs. G. Chitra Poornima and Mr. Jagadish, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

High Court

Bombay High Court Dismisses Appeal Against Conviction in 2011 Mumbai Bomb Blast Case — Appellant's Confession and Evidence Sufficient to Sustain Conviction Under UAPA and IPC. Court upholds life imprisonment for conspiracy and waging war against the government based on voluntary confession and corroborative evidence.

4 Nov 2025

The appellant, Kafeel Ahmed Mohd Ayub, was convicted by a Special Court under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Indian Pen...

Supreme Court

Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

13 Mar 2020

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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