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Supreme Court of India 2017-02-01 allowed

Umarmiya Ismailmiya Saiyed @ Mamumiya Panju Miya vs State of Gujarat

Bench: 2 — L. Nageswara Rao

In Brief

A man arrested in 2005 for allegedly masterminding a conspiracy to smuggle arms and explosives into Gujarat sought bail after the Designated Court refused it. The Supreme Court granted bail, holding that the police violated mandatory procedural requirements under the Terrorist and Disruptive Activities (Prevention) Act when registering the case without prior approval. The Court noted that over 23 years had passed without charges being framed, and the accused had spent over 12 years in custody—facts that independently justified bail despite the seriousness of the terrorism-related charges.

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Criminal Procedure Bail Terrorism Arms Act TADA Act Due Process

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