ANAND TELTUMBDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) However, we are satisfied that in view of the provisions contained in Sec. 43D(4) of the Unlawful Activities (Prevention) Act, 1967, which exclude the operation of Sec. 438 of the Cr.P.C. No case is made out to exercise the powers under Sec. 438 Cr.P.C. Sec. 43D(4) is extracted hereunder:-

(3.) 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 1 1/2 years, three weeks time from today is granted to them to surrender. The petitioners shall surrender their passport forthwith with the Investigation Agency/Officer.