In Brief
Two young men were arrested after being found in suspicious circumstances carrying CPI (Maoist) materials. The NIA charged them under Sections 38 and 39 of the Unlawful Activities (Prevention) Act for alleged association with a banned terrorist organisation. The Special Court granted bail, but the High Court set aside bail for accused no. 2 while confirming it for accused no. 1. The Supreme Court held that intention to further terrorist activities is essential to these offences; mere possession of materials or passive association is insufficient. The Court found no prima facie evidence of such intention from the charge sheet materials and restored bail to both, noting the weak prosecution case, absence of statutory sanction for more serious charges, long trial delay with 92 witnesses, and stringent bail conditions imposed.
The lawyer headnote and full judgment text are available to registered users.