Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987 - s.5 - Bombay serial blasts of 1993 - Possession of weapon- A-20 charged for keeping one AK-56 rifle and two magazines - Conviction of A-20 - Justification - Held: Justified - Sufficient material to show that recovery had been made at the behest of A-20 from the factory owned by a partnership to which he was the partner - In such a fact situation, he' ought to have explained the reason/source of his knowledge of such contraband articles being kept in his factory - . - As he had not mentioned that he had seen someone keeping the articles there, or somebody had told him about that, or he had seen the things lying there, the only reasonable inference drawn is that he himself had kept the same at that place - Being a partner of the firm if he was having the knowledge that some contraband were lying in his premises, he ought to have informed the police if he had no guilty mind -Explanation that at the time of recovery he did not have the key, not enough to tilt the balance in his favour - As A-20 F made a statement leading to the discovery of AK-56 assault rifle and two magazines having kept in his workshop and the same had been found concealed on the loft, he cannot escape from the liability of possessing and concealing of the same, thus liable to be punished u/s.5 TADA. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 178 |
Petitioner | Ahmed Shah Khan Durrani @ A.s. Mubarak |
Respondent | State Of Maharashtra |
SCR | [2013] 16 S.C.R. 1 |
Judgement Date | 2013-03-21 |
Case Number | 1438 |
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