Assistance to unlawful association falls under UAPA Section 10, while anticipatory bail remains unavailable for that bailable charge

Investigation material showing meetings with ULFA leaders, negotiation over the organisation's demands, and support through contributions and other assistance was sufficient to disclose a prima facie case of assistance to an unlawful association under Section 10 of the Unlawful Activities (Prevention) Act, 1967. The same material did not establish participation in or assistance to an unlawful activity so as to attract Section 13, nor did it justify the alleged Indian Penal Code offences of conspiracy or offences against the State. Because the Section 10 charge was bailable, anticipatory bail was not available for that offence.

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Issues: Whether the materials collected in investigation disclosed a prima facie case under Section 10 of the Unlawful Activities (Prevention) Act, 1967 against the appellants, whether they disclosed liability under Section 13 of that Act or the Indian Penal Code, and whether anticipatory bail could be granted for the alleged offence under Section 10.

Analysis: The investigation material indicated that the appellants and other officers of the company had met leaders of ULFA, negotiated over the organisation's demands, and rendered assistance to its operations through contributions and other support. On that footing, the material was sufficient to make out a prima facie case under Section 10, which covers assistance to an unlawful association. However, the same material did not establish participation in or assistance to an 'unlawful activity' as defined in the Act so as to attract Section 13, nor did it justify the alleged offences under the Indian Penal Code relating to conspiracy and offences against the State. Since Section 10 prescribes a bailable offence, anticipatory bail under Section 438 of the Code of Criminal Procedure was not attracted for that charge.

Conclusion: A prima facie case was made out under Section 10 of the Unlawful Activities (Prevention) Act, 1967, but not under Section 13 of that Act or the Indian Penal Code, and anticipatory bail was not available for the Section 10 offence.

Ratio Decidendi: Assistance to an unlawful association by contribution or similar support falls within Section 10 of the Unlawful Activities (Prevention) Act, 1967, but anticipatory bail is unavailable where the only made-out offence is bailable.

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