(Arun Mishra and M.R. Shah, JJ.)
Anand Teltumbde _______________________________ Petitioner;
v.
State of Maharashtra and Others _________________ Respondent(s).
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1916/2020, decided on March 16, 2020
(IA No. 37372/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 37373/2020-Permission to File Lengthy List of Dates)
With
SLP (Crl) No. 1842/2020 (II-A) (IA No. 37114/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 37112/2020-Exemption From Filing O.T. and IA No. 37118/2020-Permission To File Lengthy List of Dates and IA No. 37109/2020-Permission To File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1916/2020; CRABA No. 314/2019; IA No. 37372/2020; IA No. 37373/2020; SLP (Crl) No. 1842/2020 (II-A); IA No. 37114/2020; IA No. 37112/2020; IA No. 37118/2020; and IA No. 37109/2020
The Order of the court was delivered by
Order
1. We have not mentioned the facts in detail, as requested by the learned counsel for the petitioner(s).
2. However, we are satisfied that in view of the provisions contained in Section 43D(4) of the Unlawful Activities (Prevention) Act, 1967, which exclude the operation of Section 438 of the Cr.P.C. No case is made out to exercise the powers under Section 438 Cr.P.C. Section 43D(4) is extracted hereunder:—
“Nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act.”
3. We are of the opinion that it cannot be said that no prima facie case is made out. The petitions cannot be said to be maintainable in view of the bar contained in 43D(4) of the Unlawful Activities (Prevention) Act, 1967. The special leave petitions are, accordingly, dismissed. However, since the protection has been enjoyed by the petitioners approximately for 1½ years, three weeks time from today is granted to them to surrender. The petitioners shall surrender their passport forthwith with the Investigation Agency/Officer.
4. Pending application(s), if any, shall stand disposed of.
———
