Supreme Court of India
Shoma Kanti Sen v. The State of Maharashtra & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that there is no reasonable ground for believing that the accusations against the appellants for commission of the offences incorporated in Chapter IV and VI of the 1967 Act are prima facie true.
Judgment, page 34
From the headnote
Issue for Consideration The appellant was detained on 06.06.2018. The appellant assails the order of a Division Bench of the High Court passed on 17.01.2023, disposing her application for bail with liberty to approach the Trial Court for filing a fresh application for bail. The issue arises for consideration that whether the offences under Part IV & VI of the Unlawful Activities (Prevention) Act, 1967, alleged to have been committed by the appellant, are prima facie true or not. Headnotes Penal Code, 1860 – ss. 153A, 505 (1b), 117 r/w. s.34 – Unlawful Activities (Prevention) Act, 1967 –
Authorities it was built on
- 2019 National Investigation Agency v. Zahoor Ahmad Shah Watali
- 2021 Union of India v. K. A. Najeeb
- 2005 Jayendra Saraswathi Swamigal v. State of Tamil Nadu
- 2024 Gurwinder Singh v. State of Punjab & Another
- 1996 Shaheen Welfare Association v. Union of India and Others
- 2023 Vernon v. The State of Maharashtra & Anr.
- 2013 State of Haryana v. Basti Ram
- 2013 State of Andhra Pradesh through I.G. National Investigation Agency v. Md. Hussain @ Saleem
Where later benches applied it
- 2026 Gulfisha Fatima v. State (govt. of Nct of Delhi )
- 2024 Jalaluddin Khan v. Union of India
- 2024 Union of India Rep. by the Inspector of Police National Investigation Agency Chennai Branch v. Barakathullah Etc.
Of those, 3 referred to
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