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1987 (1) TMI 481 - SC - Indian LawsSetting aside the conviction of the appellant Balbir Singh under Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 Held that:- We are constrained to observe that it is highly regrettable that the authorities concerned should have launched a prosecution under the Act in a manner which can be easily termed as cavalier. The Act though intended to effectively deal with terrorists and disruptionists contains drastic provisions for punishing terrorists and disruptionists under Sections 3 and 4 of the Act. Anyone convicted under Section 3(2)(i) of the Act is liable to be punished with death and whoever is convicted under Section 3(2)(ii) of the Act is liable to be punished with imprisonment for a term which shall not be less than 5 years but which may extend to term of life and shall also be liable to fine. Whoever is convicted under Section 4 of the Act is liable to be punished with imprisonment for a term which shall not be less than 3 years but which may extend to term of life and shall also be liable to fine. Furthermore, against any judgment, sentence or order rendered under the Act, an appeal would lie directly to the Supreme Court and not to the High Court. Having regard to all these features the investigation of cases under the Act has not only to be thorough but also of a high order. In this case we find the investigation to be nowhere near the required standards and likewise the evidence adduced in the case to be far from satisfactory to justify the conviction of the appellant under Section 4 of the Act. The appeal has, therefore, to be necessarily allowed and the conviction and sentence awarded to the appellant set aside.
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