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TMI Blog2024 (1) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of Section 43D(5) proviso inserted by Act 35 of 2008, in the case of NATIONAL INVESTIGATION AGENCY VERSUS ZAHOOR AHMAD SHAH WATALI [ 2019 (4) TMI 2023 - SUPREME COURT ]. The ratio indicates that the Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true. Proceeding with the understanding of the law enunciated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , learned senior counsel appearing for the petitioner. The respondents are represented by Mr. K.M. Natraj, learned Additional Solicitor General of India. 2. The petitioner is an accused in the case arising out of FIR no. 150 of 2022 registered under Sections 4,5 and 6 of Explosive Substances Act, 1908 and 13,15,16,18 and 20 of the Unlawful Activities (Prevention) Act, 1967. He was arrested on 07.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Schedule 1 of the UAPA Act and, therefore, being associated with such an organisation and with their members would not itself attract the connection of the accused with the crime alleged in the FIR No. 150/2022. In order to substantiate her argument, Ms. Ramakrishnan, refers to Sections 15,18 and Sections 2(L) and 2(M) of the UAPA Act, 1967. 5. The counsel also relies on the ratio in 1999(5) SCC 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The counsel would then refer to Section 43D(5) to argue that unless the Court is able to reasonably believe that the acquisition against the petitioner are prima-facie untrue, the Court must order in favour of the prosecution. In other words, the burden would be on the accused to overcome the threshold limit prescribed under the Section 43D(5) of the proviso. 7. This Court had the occasion to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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