Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities (Prevention) Act 1985/Arms Act 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act 1985/Arms Act, 1959:Section 5/Section 25--Person alleged to be found in possession of revolver without licence-Apprehended in a public place viz. waiting Hall of Railway Station-Convicted and sentenced by Designated Court-Public Witnesses though available but avoided to be joined/associated in search and seizure of weapon-Prosecution evidence highly discrepant creating serious doubt in prosecution case-Positive evidence of good antecedents of accused-Not a previous convict and never indulged in any subversive activities-Presumption under Section 5 TADA stands rebutted-Conviction and sentence set aside.The appellant was found to be in possession of a revolver without licence at a railway station. He was charged with an offence under Section 25 of the Arms Act read with Section 5 of the Terrorist and Disruptive Activities Act, 1985 (TADA). The Designated Court convicted and sentenced the appellant for the said offence.In appeal to this Court it was contended by the appellant that the trial Court did not properly appreciate the evidence and had accepted the evidence of highly interested witnesses; that when the alleged incident occurred in a public place on a railway platform where number of independent witnesses were available, only one witness that too a chance witness was examined; that the prosecution story suffered from various infirmities and that the defence evidence was rejected for which there was no reasonable ground. |
Judge | Hon'ble Mr. Justice Faizanuddin |
Neutral Citation | 1995 INSC 175 |
Petitioner | Mohan Singh |
Respondent | State Of Haryana. |
SCR | [1995] 2 S.C.R. 610 |
Judgement Date | 1995-03-08 |
Case Number | 341 |
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