In a significant ruling, the Bombay High Court has held that association with Dawood Ibrahim, who has been declared a terrorist in his “individual capacity” by the Central Government, does not attract punishment under Section 20 of the Unlawful Activities (Prevention) Act (UAPA). The court clarified that Section 20 pertains to membership in a terrorist organisation, not individual associations.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande granted bail to two men, Parvez Vaid and Faiz Bhiwandiwala, who were implicated for their alleged links with D-Company and involvement in a drug seizure case.
The court stated:
“Section 20 prescribes punishment for being a member of a terrorist gang or organisation. In the instant case, the material on which reliance is placed is in the form of Section 164 statement, referring to Parvez Vaid (petitioner) as a Member of D-gang. This, in our view, prima facie, would not attract the offence under section 20, as by the amendment in Schedule IV, Dawood Ibrahim Kaskar has been declared as a terrorist in individual capacity, and therefore, any association with him on the pretext that a person belongs to D-gang/Dawood gang will not attract the provisions of Section 20.”
The bench noted that under the UAPA, the Central Government has the authority to list certain entities as terrorist organisations (under the first schedule) or individuals (under the fourth schedule). This power is also exercised following a resolution by the Security Council under Chapter VI of the UN Charter to combat international terrorism. Dawood Ibrahim was declared a terrorist individually by a notification on September 4, 2019.
Case Details:
Prosecution witnesses claimed in their Section 164 statements that Vaid was a member of D-Company and cited a transaction of Rs 25,000 between Vaid and a known associate of Dawood. Based on this information, a raid was conducted at Vaid’s residence in August 2022, resulting in the seizure of two cell phones.
Faiz Bhiwandiwala was arrested by the Anti-Terrorism Squad (ATS) after 600 grams of ganja were found in his possession. The prosecution argued that Bhiwandiwala was also linked to D-Company through his interactions with Vaid and alleged use of the “dark net” to procure narcotics via an app called “Wicker Me.”
Court’s Observations:
For Bhiwandiwala, the court found no evidence to prove his membership in D-Company. He was charged under the Narcotics Drugs and Psychotropic Substances (NDPS) Act. The court noted that the 600 grams of ganja recovered was a small quantity, insufficient to justify incarceration. The court dismissed the prosecution’s argument that sharing photos of drugs with Vaid constituted a crime under the NDPS Act.
“Since admittedly, the charge-sheet reveal that what is seized from accused no.2 (Bhiwandiwala) is 600 grams of ganja, which definitely do not deserve his incarceration, as the quantity is neither commercial nor intermediate, but is a small quantity, and bar for releasing him on bail under Section 37 of the NDPS Act, shall not come in its way. Mere sharing of the pictures of Narcotics or prohibited substances definitely do not attract the provisions of the NDPS Act,” the bench held.
The bench granted bail to both Vaid and Bhiwandiwala on a surety of Rs 50,000 each, setting a significant precedent regarding individual associations and the scope of the UAPA.
