2018 (1) TMI 1403

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.... trial court is proceeding with the trial of the case. The question as to whether the allegation of the offence against the accused is maintainable under Section 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 (the 'UAP Act' for short) has been taken up by the accused in Crl.A.No.460 of 2017. In the said criminal appeal a question was raised regarding the application of UAP Act....

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.... 4. On the other hand, learned Special Public Prosecutor appearing on behalf of the first respondent, NIA submits that no prejudice will be caused to the accused if the trial proceeds. The attempt of the accused is only to stall the proceedings. Being a technical offence, it is for the prosecution to prove certain facts and the question whether the UAP Act applies or not is to be decided by the ....