Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1987-Section 5 Criminal Law: Terrorist & Disruptive Activities (Prevention) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law: Terrorist & Disruptive Activities (Prevention) Act, 1987-Section 5-Ingredients of offence punishable thereunder-Allegation that accused found carrying a bag containing explosives on his head along with four detonators-Constables inspired accused to surrender and brought him before the Officer at the Police Station-Accused carried the explosives in the same manner in the Police Station itself-Report of expert and evidence of Police Officials-Designated Court convicted accused on the basis of statutory presumption under Section 5 of the Act-Whether conviction justified-Held, such conviction is erroneous since Designated Court found case made out by prosecution improbable-Also reliance on the evidence of police officials is misplaced due to absence of police constables, who inspired the accused to surrender. It is alleged that appellant-accused was found carrying one bag on his head along with four detonators on his right hand. Constables inspired the accused to surrender and brought him before the police official at the Police Station. Accused carried the bag and detonators in the same manner in the Police Station itself. On search, bag was found to contain explosive material. Then on basis of formalities carried out, appellant-accused was charged under Section 5 of the Terrorist and Disruptive Activities Act, 1987. Designated Court then convicted the appellant-accused under the Act. Hence the present appeal. The issue that arises for consideration is whether the factual background as suggested by the prosecution can in fact take place ever or the same stands granted to rope in the accused person. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 147 |
Petitioner | Gurmail Singh |
Respondent | State Of Punjab |
SCR | [2002] 2 S.C.R. 518 |
Judgement Date | 2002-03-18 |
Case Number | 686 |
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