SUPREME COURT OF INDIA
THE STATE OF WEST BENGAL vs JAYEETA DAS
CRIMINAL APPEAL No OF 2024
(Arising out of SLP(Crl ) No(s) 7880 of 2023) On 18 April 2024
Hon'ble Judges: B.R. Gavai, Sandeep Mehta
Case Type: CRIMINAL APPEAL
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 204
ACTS REFERRED:
Code of Criminal Procedure, 1973, Section 482
Code of Criminal Procedure, 1973, Section 167
National Investigation Agency Act, 2008, Section 22(3)
National Investigation Agency Act, 2008, Section 16
National Investigation Agency Act, 2008, Section 22
Unlawful Activities (Prevention) Act, 1967, Section 2(1)(d)
Unlawful Activities (Prevention) Act, 1967, Section 43D
Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b)
Unlawful Activities (Prevention) Act, 1967, Section 39
Unlawful Activities (Prevention) Act, 1967, Section 38
Unlawful Activities (Prevention) Act, 1967, Section 20
Unlawful Activities (Prevention) Act, 1967, Section 18B
Unlawful Activities (Prevention) Act, 1967, Section 18
Unlawful Activities (Prevention) Act, 1967, Section 16
Indian Penal Code, 1860, Section 120B
Indian Penal Code, 1860, Section 124A
Indian Penal Code, 1860, Section 123
Indian Penal Code, 1860, Section 122
Indian Penal Code, 1860, Section 121A
(A) Code of Criminal Procedure, 1973, Section 482, Section 167 - Saving of inherent powers of High Court - Procedure when investigation cannot be completed In twenty-four hours(B) Indian Penal Code, 1860, Section 120B, Section 121A, Section 122, Section 124A, Section 123 - Punishment of criminal conspiracy - Conspiracy to commit offences punishable by Sec. 12 - Collecting arms, etc., with intention of waging war against the Government of India - Sedition - Concealing with intent to facilitate design to wage war(C) Unlawful Activities (Prevention) Act, 1967, Section 39, Section 20, Section 16, Section 18, Section 38, Section 18B, Section 43D, Section 2(1)(d), Section 43D(2)(b) - Offence relating to support given to a terrorist organisation - Punishment for being member of terrorist gang or organisation - Punishment for terrorist act - Punishment for conspiracy, etc.. - Offence relating to membership of a terrorist organisation - Definitions(D) National Investigation Agency Act, 2008, Section 16, Section 22, Section 22(3) font-size: 14px;">ACTS REFERRED: Code of Criminal Procedure, 1973, Section 482Code of Criminal Procedure, 1973, Section 167National Investigation Agency Act, 2008, Section 22(3)National Investigation Agency Act, 2008, Section 16National Investigation Agency Act, 2008, Section 22Unlawful Activities (Prevention) Act, 1967, Section 2(1)(d)Unlawful Activities (Prevention) Act, 1967, Section 43DUnlawful Activities (Prevention) Act, 1967, Section 43D(2)(b)Unlawful Activities (Prevention) Act, 1967, Section 39Unlawful Activities (Prevention) Act, 1967, Section 38Unlawful Activities (Prevention) Act, 1967, Section 20Unlawful Activities (Prevention) Act, 1967, Section 18BUnlawful Activities (Prevention) Act, 1967, Section 18Unlawful Activities (Prevention) Act, 1967, Section 16Indian Penal Code, 1860, Section 120BIndian Penal Code, 1860, Section 124AIndian Penal Code, 1860, Section 123Indian Penal Code, 1860, Section 122Indian Penal Code, 1860, Section 121ASYSHEADNOTE
Judgement Text
1. Leave granted.
2. Heard learned counsel for the parties and perused the
material available on record.
3. The State of West Bengal has approached this Court by way
of this appeal for assailing the legality and validity of the judgment
dated 11th May, 2023 passed by the High Court of Calcutta in
C.R.R. No. 3180 of 2022.
Brief Facts:-
4. Based on written complaint dated 1st January, 2022 filed by
the SI Raju Debnath, STF Police Station, Kolkata on 28th
December, 2021 informing about recovery of an unclaimed black
coloured bagpack lying abandoned at Sahid Minar containing
some written posters of CPI(Maoist) and some incriminating
articles about the activities of CPI(Maoist), FIR No. 01 of 2022 came
to be registered at STF Police Station, Kolkata for the offences
punishable under Sections 121A, 122, 123, 124A, 120B of the
Indian Penal Code, 1860(hereinafter being referred to as 'IPC').
5. The respondent herein was apprehended on 29th March, 2022
and was produced before the learned Chief Metropolitan
Magistrate, Calcutta on 30th March, 2022. The Investigating
Officer conducted preliminary investigation and thereafter filed an
application in the Court of learned Chief Metropolitan Magistrate
praying for addition of offences punishable under Sections 16, 18,
18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967
(hereinafter being referred to as 'UAPA').
6. Learned Chief
