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2023 (7) TMI 1384 - SC - Indian LawsRejection of bail - conspiracy - allegations of recruiting cadres for the banned organisation, to import the provisions of Section 18B of Unlawful Activities (Prevention) Act, 1967 - HELD THAT:- It is not possible to form an opinion that there are reasonable grounds for believing that the accusation against the Appellant of committing or conspiring to commit terrorist act is prima facie true. The witness statements do not refer to any terrorist act alleged to have been committed by the Appellants. The copies of the letters in which the Appellants or any one of them have been referred, record only third-party response or reaction of the Appellants' activities contained in communications among different individuals. These have not been recovered from the Appellants. Hence, these communications or content thereof have weak probative value or quality. That being the position, neither the provisions of Section 18 nor 18B can be invoked against the Appellants, prima facie, at this stage. The association of the Appellants with the activities of the designated terrorist organisation is sought to be established through third party communications. Moreover, actual involvement of the Appellants in any terrorist act has not surfaced from any of these communications. Nor there is any credible case of conspiracy to commit offences enumerated under chapters IV and VI of the 1967 Act. Mere participation in seminars by itself cannot constitute an offence under the bail-restricting Sections of the 1967 Act, with which they have been charged. To bring the Appellants within the fold of Section 38 of the 1967 Act, the prosecution ought to have prima facie establish their association with intention to further the said organisation's terrorist activities. It is only when such intention to further the terrorist activities is established prima facie, Appellants could be brought within the fold of the offence relating to membership of a terrorist organisation. To bring within the scope of Section 38 of the 1967 Act, it would not be sufficient to demonstrate that one is an associate or someone who professes to be associated with a terrorist organisation. But there must be intention to further the activities of such organisation on the part of the person implicated under such provision. But the same line of reasoning in respect of membership of a terrorist organisation Under Section 20, ought to apply in respect of an alleged offender implicated in Section 38 of the 1967 Act. There must be evidence of there being intention to be involved in a terrorist act. So far as the Appellants are concerned, at this stage there is no such evidence which can be relied upon. The appellant are directed to be released on bail in respect of the cases(s) out of which the present appeals arise, on such terms and conditions the Special Court may consider fit and proper, if the Appellants or any one of them are not wanted in respect of any other case - appeal allowed.
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