Unlawful Activities (Prevention) Act, 1967
Unlawful Activities (Prevention) Act, 1967 - Section 43-D (5) - Bail - Extortion money - Terror funding - Prima facie case - Amount of money that was paid by the Appellant to protect his business which amounts to raising funds to the terrorist organization - Accused of providing funds to a terrorist organization - A close scrutiny of the material placed before the Court would clearly shows that the main accusation against the Appellant is that he paid levy / extortion amount to the terrorist organization - Payment of extortion money does not amount to terror funding .
Unlawful Activities (Prevention) Act, 1967 - Section 43-D (5) - Bail – Conspiracy - Extortion money - Terror funding - Prima facie case – Charge that money that was paid by the Appellant to protect his business amounts to raising funds to the terrorist organization - Amount seized from the house of the Appellant which was accounted for by stating that the amount was withdrawn from the bank to pay salaries to his employees and other expenses - We do not agree with the prosecution that the amount is terror fund and cannot be said that the amount seized is proceeds from terrorist activity - There is no allegation that Appellant was receiving any money - On the other hand, the Appellant is accused of providing money to the members of the terror organisation.
Unlawful Activities (Prevention) Act, 1967 - Section 43-D (5) - Bail – Conspiracy - Extortion money - Terror funding - Prima facie case - Meeting with members of the terror organization – Appellant was summoned to meet the other members of the terror organization in connection with the payments made by him - Not satisfied that a case of conspiracy has been made out at this stage only on the ground that the Appellant met the members of the organization.
Unlawful Activities (Prevention) Act, 1967 - Section 43-D (5) – Bail - While considering the grant of bail under Section 43 (5) D, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not.