TMI Blog2009 (11) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Chief Judicial Magistrate, Kamrup, at Guwahati. In the forwarding report it was indicated that the ground for arresting the petitioner was that during interrogation of Mohit Hojai, who was the Chief Executive Member of the North Cachar Hills Autonomous Council, had disclosed that he was sending an amount of ₹ 1 crore to an organization known as DHD(J), an extremist organization, to enable it to purchase arms and ammunitions. It was indicated that Mohit Hojai had also disclosed that he had collected ₹ 30 lakhs from the petitioner under different schemes. 2. On the prayer made on behalf of the investigating agency, the Chief Judicial Magistrate, Kamrup, sent the petitioner to police custody on 31st May, 2009. After the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stry of Home Affairs, issued a notification dated 9th July, 2009, in exercise of its powers under Section 3 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the 1967 Act ), declaring the DHD(J) along with its factions, wings and front organizations to be an unlawful association . 4. On 29th July, 2009, the learned Single Judge of the Guwahati High Court dismissed the petitioner's bail application on the ground of jurisdiction. The petitioner filed another bail application before the Sessions Judge (Special Court), Kamrup, Guwahati, which was rejected on 14th August, 2009. Thereafter, on an application made by the NIA on 27th August, 2009, the Sessions Judge (Special Court), Kamrup, by its order dated 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d funds to DHD(J) having knowledge that such funds were likely to be used by the said organization to commit a terrorist act. 7. Mr. Ghosh submitted that only on 9th July, 2009, long after the petitioner's arrest on 31st May, 2009, DHD(J) along with all its factions, wings and front organizations were declared to be an unlawful association. Mr. Ghosh submitted that at the point of time when the offence was alleged to have been committed by the petitioner, DHD(J) had not been so declared and it was not, therefore, possible for the petitioner to have knowledge that DHD(J) was indulging in unlawful terrorist acts . According to Mr. Ghosh, if the provisions of Section 43D of the 1967 Act did not apply to the petitioner, the extension of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as an unlawful association or not. Mr. Rawal submitted that it was the commission of such terrorist acts which resulted in the said organization being declared as an unlawful association and the petitioner having abetted such activities, by virtue of the provisions of Section 15 of the 1967 Act, his case came squarely within the scope of Sections 13 and 17 of the said Act. 12. Mr. Rawal submitted that although Mr. Ghosh had referred to some newspaper reports indicating that there was a possibility of amnesty being granted to the members of DHD(J), the same was yet to materialize, and, on the other hand, it also indicated that the said organization was indulging in terrorist activities. Accordingly, in view of the definition of ter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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