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Merely spotting accused with member of terrorist organization will not attract UAPA: Jammu and Kashmir High Court

By way of background, a first information report (FIR) had been registered against one Syed Naveed Mushtaq and others in Police Station Qazigund under Sections 18, 19, 20, 38, 39 of UAPA read with Section 7/25 Arms Act and Section 3/4 of Explosive Substances Act.

Subsequently, the investigation of that case was taken over by the National Investigation Agency (NIA) and the case was re-registered on January 17, 2020 and in the said case, the appellant was arrested.

The appellant filed an application for bail before the Court of 3rd Additional Sessions Judge, Jammu. However, during the pendency of the bail application, the respondents, on same set of allegations, which were subject matter of investigation, registered a second FIR.

As soon as the appellant was released on bail, he was arrested in the second FIR.

Source: Barandbench

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