Essential ingredients of offences of supporting and/or raising funds for terrorist organisation under Ss. 39 & 40 and matters to be considered before cancellation of bail in respect of such offence(s), It would further reveal that not only the charge-sheet but supplementary charge-sheet has been filed. The Forensic Science Laboratory (for short, “FSL”) report show that the receipts are in the hand writing of the appellants. Be that as it may, it is not even the case of the appellants that they did not make the payment. It is their contention that they were forced to make the payment. As such, their custodial interrogation is not warranted. The learned Special Judge has himself distinguished cases of the persons who have indulged into extortion for furthering the activities of the organization and the persons like the present appellants, who were government servants, and compelled to contribute the amount. We, therefore, find that it cannot be said that the prima facie opinion, as expressed by the learned Special Judge, could be said to be perverse or impossible. Appeals allowed and bail order restored
[Kekhriesatuo Tep v. NIA, (2023) 6 SCC 58]
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