Court : Supreme Court of India
[pic].Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1702 of 2011 UMARMIYA ISMAILMIYA SAIYED @ MAMUMIYA PANJU MIYA. .... Appellant Versus STATE OF GUJARAT .Respondent JUDGMENT L. NAGESWARA RAO, J.The Court of Designated Judge (TADA) at Jamnagar (hereinafter referred to as the Designated Court) dismissed the bail application of the Appellant by a Judgment dated 31.08.2010 aggrieved by which the Appellant has filed this Criminal Appeal. FIR No.I-151 of 1993 was registered in Jamnagar City B Division Police Station under Sections 3, 4 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987(hereinafter referred to as Act) apart from the offences punishable under Section 120 B, 121, 122 B, 123 r/w 34 of IPC, Sections Section 25 (1A), (1B) and 25(1AA) of the Arms Act and Section 9-B of the Explosives Act, Sections 3, 4, 5, 6 and 9 of the Explosive Substances Act. The case of the prosecution is that after demolition of the Babri...
Tag this Judgment!Court : Madhya Pradesh
Criminal Appeal No.2237/2007 2.7.2013 Shri V.K.Tyagi, Advocate for the appellant. Ms.Pratibha Mishra, PL for the State. Heard finally. This appeal has been filed by the appellant under Section 374 of the Cr.P.C.being aggrieved by conviction and sentence recorded by 14th Additional Sessions Judge (Fast Track) Jabalpur vide order dated 9.10.2007 passed in S.T.No.330/2006 whereby the appellant has been convicted under Section 5 of the Explosive Substances Act and sentenced to R.I.for 2 yeaRs.The facts, in short, giving rise to this appeal are that on 7.11.2002 at mid-night L.S.Tomar (PW-1).SHO, Investigating Officer, P.S.Belgagh received a secret information about 3:30 AM that appellant Sonu @ Kanja @ Rohit Sonkar is possessing a country made bomb and involved in preparation of aforesaid bomb. A raid was made along with the Panch witnesses in the house of the appellant and appellant was found in possession of 18+13 country made bomb said to have been made for killing the Pigs along with o...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE23D DAY OF OCTOBER20131ST KARTHIKA, 1935 WP(C).No. 10031 of 2013 (D) ---------------------------------------- PETITIONERS: --------------------- 1. SANTHOSH KUMAR.S, S/O.LATE SANKARANARAYANAPILLAI, PULICKAPATHALIL HOUSE, EZHUMATTOR VILLAGE, MALLAPPALLY, PATHANAMTHITTA.2. VIJAYA VARMA.K, S/O.V.K.RAMAVARMA, KOCHUKOIKAL HOUSE, EZHUMATTOR VILLAGE, PATHANAMTHITTA. BY ADVS.SRI.ARUN.B.VARGHESE, SMT.R.SEEMA. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.2. THE DISTRICT COLLECTOR, PATHANAMTHITTA - 689 645.3. EZHUMATTOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EXHUMATTOR, PATHANAMTHITTA DISTRICT - 689 645.4. THE TAHASILDAR, EXECUTIVE MAGISTRATE, MALLAPPALLY, PATHANAMTHITTA DISTRICT - 689 645.5. THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION PATHANAMTHITTA DISTRICT -689 64...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3362; 97(2004)CLT393(SC); 2003CriLJ4974; JT2003(Suppl2)SC420; 2004(2)MhLj36; 2004MPLJ46(SC); 2003(8)SCALE39; (2003)8SCC90; 2004(1)LC172(SC)
Santosh Hegde, J.1. This appeal under Section 19 of the Terrorist & Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA Act') is filed against the judgment of the Judge, Designated Court for Rajasthan, Ajmer in TADA Special Case No. 8 of 1992. The appellant herein was accused No. 4 in the said case and has been held guilty of an offence punishable under Section 120 IPC, Sections 3 and 6(1) of the TADA Act, Section 5 of the Explosive Substances Act, 1908 read with Section 120B IPC and had been sentenced to a maximum sentence of 5 years' RI under the main count and has also been imposed sentence and fine under various other charges with a direction that all the sentences of imprisonment should run concurrently. 2. In view of the fact that we are of the opinion that almost all the contentions raised in the above appeal and argued before us are covered against the appellant by our judgment in Jameel Ahmed and Anr. v. State of Rajasthan : (2003)9SCC673 , we do not think it is ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2332; 1988CriLJ168; 1987(3)Crimes405(SC); JT1987(3)SC559; 1987(2)SCALE561; (1987)4SCC302; [1988]1SCR126
B.C. Ray, J. 1. Special leave granted. Arguments heard.2. This appeal by special leave is directed against the judgment and order of the High Court of Allahabad dated 26th March, 1987 in Habeas Corpus Petition No. 17849 of 1986 dismissing the writ petition and confirming the order of detention passed against the appellant by the District Magistrate, Allahabad.3. The respondent No. 2, District Magistrate, Allahabad clamped upon the appellant an order of detention under Section 3(2) of the National Security Act, 1980 and the appellant was detained at Central Jail, Naini on October 10, 1986. On the same day the grounds of detention were served on the appellant. Two grounds of detention mentioned in the grounds of detention are stated hereinbelow:(1) That the appellant on 2.10.1986 threatened the shopkeepers of Khalasi Line locality in order to extort money and was saying that appellant could not come for the last auction because the police were present on that occasion and that the shopke...
Tag this Judgment!Court : Patna
Chandramauli Kr. Prasad and Rekha Kumari, JJ. 1. Sheikh Samsul and Sheikh Asfaque were charged for intentionally committing murder of Md. Askari punishable under Section 302 of the Indian Penal Code. Sheikh Gayas was charged for committing murder by intentionally causing death of Md. Asad, punishable under Section 302 of the Indian Penal Code. Besides the aforesaid, they have also been charged for offence under Section 3 and 4 of the Explosive Substance Act. Aforesaid three persons along with six other persons, namely, Sheikh Chengwa, Sheikh Kalim @ Gedhwa, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaque and Sheikh Nayeem have been charged for committing the murders of Md. Askari and Md. Asad in prosecution of common object as a member of unlawful assembly punishable under Section 302/149 of the Indian Penal Code. In addition thereto, Sheikh Kalim, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaquye and Sheikh Nayeem have been charged for possessing arms for unlawful purposes, punishable under...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553
Aftab Alam, J.1. The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid (hereinafter referred to as ‘the appellant’ or as ‘Kasab’), who is a Pakistani national, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country. Some of the major charges against him were: conspiracy to wage war against the Government of India; collecting arms with the intention of waging war against the Government of India; waging and abetting the waging of war against the Government of India; commission of terrorist acts; criminal conspiracy to commit murder; criminal conspiracy, common intention and abetment to commit murder; committing murder of a number of persons; attempt to murder with common intention; criminal conspiracy and abetment; abduction for murder; robbery/dacoity with an attempt to cause death or grievous hurt; and causing explosions punishable under the Explosive S...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD(Cri)161; 2000(1)ALT(Cri)138; 2000CriLJ5029
Motilal B. Naik, J.1. This Criminal Appeal is preferred by the accused 1 to 5 and 7 to 10 in Sessions case No. 53 of 1997 on the file of the Principal Sessions Judge, Kurnool.2. The appellants-accused 1 to 5 and 7 to 10 along with A. 6 were originally tried for the following offences 1. A.1 to A.10 under Section 148, IPC.2. A. 1 under Sections 3 and 5 of the Explosive Substances Act.3. A.1 to A. 10 under Section 302, IPC or alternatively under Sections 302 r/w 149, IPC.However, during the pendency of the trial A. 6 died and hence the case against him stood abated.3. A.1 was found guilty Under Section 302, IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 100/-. He was also found guilty of offence punishable under Sections 3 and 5 of the Explosive Substances Act and was convicted and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for one year under Section 3 of the Act but no sep...
Tag this Judgment!Court : Patna
M.L. Visa, J.1. Criminal Appeal No. 99 of 1997 preferred by appellants Md. Saud Alam and Md. Tabrez and Criminal Appeal No. 136 of 1997 preferred by sole appellant Md. Salahuddin arise out of the same judgment dated 7.2.1997 and order dated 14.2.1997 passed by 2nd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 53/95 and therefore, both the appeals have been heard together and are being disposed of by this common order.2. All the three appellants have been convicted and sentenced to undergo RI for 14 years each under Section 5 of the Explosive Substance Act.3. The case of prosecution as disclosed in the fardbeyan of informant, SI Lallan Singh (not examined), in short is that on 3.5.1994 informant was posted as Sub-Inspector-cum-Officer Incharge of Mojahidpur Police Station within the district of Bhagalpur and on the night between 2.5.1994 and 3.5.1994 at about 3 O'clock he received information at police station from confidential sourses that appellant Salahuddin, an accuse...
Tag this Judgment!Court : Patna
Lok Nath Prasad, J.1. This revision is directed against the judgment dated 10.8.1989 passed by the 7th Additional Sessions Judge, Dhanbad in Criminal Appeal No. 61 of 1993 through which the conviction and sentence of the petitioner under Sections 4 and 5 of the Explosive Substances Act was maintained and confirmed.2. The fact in short giving rise to this revision is that on 22.10.1978 at about 3 a.m. in the night the informant along with other police officials S.I. Tarni Prasad Yadav ASI Md. Mustafa were on patrolling duty and they were going towards Gohinbandh and had reached near Gohinbandh Railway Crossing they saw one person moving in suspicious circumstances with a bag in hand and seeing the police party he wanted to escape away. It has been alleged that after chase, that man was apprehended and from his possession about 500 grams of Gandhak like materials, 40 grams of potas like materials and two bundles of subtle, were found which were concealed in a bag and the informant suspe...
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