No anticipatory bail in unlawful activities cases [Read the Order]

Supreme Court has recently observed that Section-438 CrPC will have no application for offences under the Unlawful Activities (Prevention) Act, 1967 if it cannot be said that no prima facie case is made out.

The case is titled as Anand Teltumbde vs State of Maharashtra dated 16.03.2020.

Supreme Court observed and held as under:

"We have not mentioned the facts in detail, as requested by the learned counsel for the petitioner(s). 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.

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".

Read the Order here: