TMI Blog2023 (4) TMI 1320X X X X Extracts X X X X X X X X Extracts X X X X ..... sation against the accused is prima facie true. The additional requirement, as provided under subsection (5) of Section 43D of the said Act is twin. The first one being that the public prosecutor has to be given an opportunity of being heard. The second one, that the Court is of the opinion that there are reasonable grounds for believing that the accusation against such a person is prima facie true. Undisputedly, in the present case, the first requirement has been complied with. Insofar as the second requirement with regard to Court arriving at a satisfaction that the accusation against such persons is prima facie true is concerned, it is not required to go into the elaborate discussion of the evidence, inasmuch as that may hamper the rights of the parties at the stage of trial. A perusal of Sections 39 and 40 of the said Act would itself reveal, that for an act to constitute as an offence within the meaning of that Section, it has to be done with the intention of furthering the activities. This Court, in the case of Thwaha Fasal, while considering the provisions of Section 39 of the said Act, has also taken a similar view. An interference by an Appellate Court and particularly in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation, had granted bail. He submits that, in these circumstances, it was not appropriate on the part of the High Court to have interfered with the orders of the learned Special Judge and deprived the appellants herein of their liberty. He further submits that this Court in the case of Thwaha Fasal v. Union of India [2021 SCC OnLine SC 1000], has held that even at the stage of grant of bail, the prosecution has to prima facie establish that there was mens rea for committing the crime punishable under Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to the said Act ). He further submitted that even though the appellants were arrested and subsequently released, their services are not suspended and they are still continuing in their respective jobs. 8. Smt. V. Mohana submits that the learned Division Bench of the High Court has rightly reversed the orders of grant of bail. She submits that the appellants themselves have admitted that they have paid the money to the organization. She further submits that, from the documents which were submitted with the supplementary charge-sheet, it is clear that the receipts are signed in the hand wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused have been voluntarily contributing to the funding of the outlawed outfits to execute their nefarious activities. There is also noting emanating from the C.D. brought for the perusal of the court that the accused persons are sympathizers of the extortionist or U.G. factions, nor is there any evidence to show that the accused persons are active members of the outlawed organizations. There must be a line drawn which differentiate the likes of accused Victo Swu and the present accused persons. In the present facts the balance is more inclined to show that the accused are victims of circumstances and to hold them on equal footing with the terrorist would be grave injustice. Unless it can be shown that the accused are actually sympathizers of the outlawed outfits and they are depriving fund on their own volition to sustain the outlawed organisations it would be prejudiced to conclude that there is a prima facie true evidence. The fact that the accused/petitioners have not taken security and have not reported the matter to the authority cannot equate them as terrorists. Hence, I derive at the conclusion that there is no prima fade true evidences against the accused persons to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here are reasonable grounds for believing that the accusation against the accused is prima facie true. It will be worthwhile to note that this Court, in the case of Zahoor Ahmad Shah Watali (supra), has distinguished the words not guilty as used in TADA, MCOCA and NDPS Act as against the words prima facie in the present Act. The Court has held that a degree of satisfaction required in a case of not guilty is much stronger than the satisfaction required in a case where the words used are prima facie. 14. The additional requirement, as provided under subsection (5) of Section 43D of the said Act is twin. The first one being that the public prosecutor has to be given an opportunity of being heard. The second one, that the Court is of the opinion that there are reasonable grounds for believing that the accusation against such a person is prima facie true. 15. Undisputedly, in the present case, the first requirement has been complied with. Insofar as the second requirement with regard to Court arriving at a satisfaction that the accusation against such persons is prima facie true is concerned, we would not like to go into the elaborate discussion of the evidence, inasmuch as that may ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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