SHAKUL HAMMED Vs. STATE BY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petition filed by the learned Spl. Public Prosecutor for NIA cases, in the form of a report, u/s 43-D (2) (b) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAP Act') seeking permission for the prosecuting agency a) to continue the investigation for a further period of 90 days and b) also to order detention of the accused persons, viz., A-2-Khaja Moideen @ Abdullah Muthalif and A-3-Shakul Hameed @ Salavudin in judicial custody upto the period of 180 days was allowed by the Special Court under the NIA Act, 2008 by order dated 12.12.2017 in Crl. MP No.518 of 2017. Challenging this order, the accused Shakul Hameed has filed the appeal in Crl.A.No.92 of 2018

(2.) The issues involved in both the cases are interconnected, hence, the common Judgment is pronounced.

(3.) Brief facts: The case of the prosecution is that 7 named persons along with others, were involved in a criminal conspiracy and they formed a terrorist gang, raised funds and trained some personnel and facilitated their travel from India to Syria to join the Daesh or the so-called ISIS. The National Investigating Agency, New Delhi, registered a case u/s 120-B IPC and Sections 17, 18, 18-B, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, (for short 'UAP' Act) and submitted the FIR before the Special Court for NIA cases Poonamallee, Chennai.