Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5, Explosive Substances Act, 1908, Section 4, 5 -- Recovery of huge quantity of explosives - No further nexus with any terrorist or disruptive activity is required to be proved as statutory presumption arises that the said arm or explosive substance was meant to be used for a terrorist or disruptive act...........
Indian Penal Code, 1860, Section 285, 286, 304, Criminal Procedure Code, 1973, Section 227, 228 -- Fire in laboratory and a worker working at Distillator machine died - Deceased had put oil in machine and there were fumes which were inflammable - Contention that allegations could attract offence of rash and negligent act u/s 304-A IPC - There was no fire extinguisher where..........
Indian Penal Code, 1860, Section 120B, 436, 302, 307, 326, Explosive Substances Act, 1908, Section 3, 5 -- Bomb explosion - People trapped in falling buildings and dying - Accused found guilty by Designated Court - Appeal against to Supreme Court - Plea regarding non acceptability of evidence of PW40, PW67 and PW68 - Not suffering from any infirmity - Non examination of..........
Indian Penal Code, 1860, Section 302, 34, 302, 120B, 302, 109, 307, 324, Explosive Substances Act, 1908, Section 3, 5 -- Nine accused tried for murder by criminal conspiracy - Explosives thrown in a broad day light at jail gate when victim was in judicial custody causing fatal injuries to police and passerby - A1, A2, A7 and A8 convicted, A3 & A9 acquitted, A4, A5 & A6..........
Criminal Procedure Code, 1973, Section 366 -- Death sentence - Explosive material thrown by accused - Head of deceased blown out into shreds - Offence committed at Jail gate while deceased was in judicial custody - Case is not a rarest of rare case to award death sentence - Death sentence commuted to life imprisonment...........
Arms Act, 1959, Section 25 -- Explosive Substances Act, 1908, Ss.4 & 5 - Telegraph Act, 1885, S.6 - Appeal against conviction - Sanction to prosecute - Plea of the appellant that the District Magistrate's sanction u/Ss.4 & 5 of the Act of 1908 would be invalid - By virtue of a notification the Central Govt. delegated its powers to District Magistrate - Sanction by District..........
Explosive Substances Act, 1908, Section 4, 5, 7 -- Sanction to prosecute - Conviction - Sanction to prosecute under the Explosive Act and the Arms Act accorded by the District Magistrate - District Magistrate cannot be said to be `State Government' and there was no delegation by the State Government to the District Magistrate - On the sanction accorded by the District..........
Explosive Substances Act, 1908, Section 4, 5, 7 -- Conviction - Testimony of police official - Held that on mere testimony of police officials without any corroboration, it is difficult to sustain the order of conviction passed against the accused...........
Explosive Substances Act, 1908, Section 5 -- Explosive material - Recovery - Prosecution of accused without sanction of Government - Accused acquitted - Sanction to prosecute given by District Magistrate is no sanction in the eye of law...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 5, Explosive Substances Act, 1908, Section 5 -- Recovery of RDX - Conviction - Sentence - Reduction - Accused is a Graduate in Engineering and coming from good family background - While in jail accused running Indira Gandhi National Open University and National Open School Study Center for past five years..........
