Court : Supreme Court of India
Decided on : Apr-30-2003
Reported in : JT2003(4)SC294; RLW2003(3)SC424; 2003(4)SCALE402; (2003)9SCC673; 2003(2)LC993(SC)
..... on each of them; in default to undergo ri for 3 months. nextly, he held a-5 guilty of offences punishable under sections 9b(i)(b) and 9c of the explosive act, 1884 and sentenced him to undergo ri for 2 years with a fine of rs. 500/-; in default to undergo further ri for 3 ..... act'), section 120b ipc; and sections 5 and 6 of the explosive substances act and section 9b and 9c of the explosive act. after trial the designated court held the appellants guilty of offences punishable under section 120b ipc, sections 3(3) and 6(1) of the tada, section 5 of the explosive substances act read with section 120b of the ipc and section 6 of the explosive substances act ..... to a-9, told the investigating offices that they had no licence to possess these explosive. thus on the ground that these accused persons had committed an offence under section 9b of the explosives act, sections 4 and 5 of the explosive substances act and section 286 of the ipc, they were arrested. the investigating officer, pw-12, took .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2003
Reported in : 97(2004)CLT489(SC); JT2003(Suppl1)SC586; 2003(8)SCALE107; (2003)12SCC257; 2004(1)LC62(SC)
..... 1. appellant was found guilty of offences punishable under section 5 of terrorist and disruptive activities (prevention) act, 1987 (in short the 'tada act'), sections 4 and 5 of the explosive substances act, 1908 (in short the 'explosive act') and section 9b of explosives act, 1884 (in short the 'act') read with rule 115 of the explosives rules, 1983 (in short the 'rules'). 2. ..... with sections 3(1), 5 and 6 of tada act, sections 3, 4 and 5 and 6 of the explosives act and section 9b of the act and section 3(3) and 6 of tada act, sections 4 and 5 and 6 of explosive act and section 9b of the act. accused krishna gopal soni has committed offence punishable under section 9b of the act.15. ..... him and he was falsely implicated.16. learned trial judge found the accused guilty for offences punishable under section 5 of the tada act, sections 4 and 5 of the explosive act and section 9b of the act, after considering the evidence. he was sentenced to undergo five years imprisonment and to pay a fine of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-29-2003
Reported in : AIR2003SC3074; 2003(2)ALD(Cri)465; 2003(2)ALT(Cri)182; 2003CriLJ3854; 2003(4)CTC42; II(2003)DMC379SC; JT2003(7)SC143; 2003(6)SCALE127; (2003)10SCC78
..... power of the union extends.(iii) prisoners convicted under narcotic drugs and psychotropic substances act, the scheduled castes and scheduled tribes (prevention of atrocities) act, explosive substances act, indian explosive substances act, indian explosive act and indian arms act, while being sentenced to imprisonment for life.(iv) prisoners convicted for crimes against women such as section 376 and 351 ipc while being sentenced to imprisonment for life.(v) prisoners convicted ..... for the offences of theft, robbery, dacoity and receiving stolen property (i.e. section 173 to 411 ipc) while .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-23-2003
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)
..... is arrayed as accused no. 4 along with 8 other accused persons was charged for various offences like section 3(3) of the tada act, section 120b read with sections 5 and 6 of the explosive substances act section 9b and 9c of the said. explosive act. of the said 9 accused, 3 had pleaded guilty before the tada court and their case was ..... 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 ..... our earlier judgment reported in 2003 (4) scale 402, we held thus :(i) if the confessional statement is properly recorded, satisfying the mandatory provision of section 15 of the tada act and the rules made thereunder, and if the same is found by the court as having been made voluntarily and truthful then the said confession is sufficient .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2003
Reported in : 2003(3)BLJR2330; 2004CriLJ640; JT2003(8)SC404; (2003)12SCC606
..... two of them namely laxmi yadav and badri yadav were found guilty of offence under section 3 of the explosive substance act, 1908 (in short 'explosive act'). life sentence was imposed by offences relatable to section 302 or section 302 read with section 149. custodial sentence of various magnitudes were imposed for other offences. since prabhu nath was absconding, his trial was separated ..... of occurrence immediately after the 'explosion and, therefore, the fact that they did not see the eye-witnesses cannot be a factor to doubt their presence. so far as the medical evidence is concerned ..... of pws 2 and 4 ruling out presence of so-called eye witnesses is concerned it was pointed out that the witnesses have clearly stated that after the explosion they went away being afraid and shocked, and came back after a short time. the evidence of pws 2 and 4 shows that they reached, the spot .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-26-2003
Reported in : AIR2003SC1311; 2003CriLJ2021; [2003(3)JCR33(SC)]; JT2003(3)SC249; 2003(3)SCALE398; (2003)5SCC291; [2003]3SCR25; 2003(2)LC799(SC)
..... 11.1990 and on the basis of the rukka brought by naresh, constable, at 1.30 p.m., she registered a case against the appellant under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of the tada as fir no. 298 of 1990. pw3 babu khan, head constable deposed that pw11 pratap singh, inspector ..... the basis of which cognizance was taken by the designated court. the learned additional sessions judge (designated court no. 1), new delhi, framed charges under sections 4 and 5 of the explosive substances act and sections 3 and 5 of tada on 12.5.1993. the prosecution in support of its case examined 14 witnesses and filed some documentary evidence. the appellant ..... naresh and on the basis thereof pw1 shashi bala, who was on duty, registered a case against the appellant being fir no. 298 of 1990 under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of tada. the appellant was produced in court on the next day, where he was taken on police remand. the appellant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2003
Reported in : AIR2003SC3547; 2003CriLJ2525; [2003(3)JCR27(SC)]; JT2003(4)SC92; 2003(4)SCALE44; (2003)9SCC141
..... by aslam parwez against the judgment and order dated 2.2.1998 of addl. designated court (ii) delhi by which the former was convicted under section 25 of the arms act and section 5 of explosive substances act and was sentenced to two years ri and a fine of rs. 1,000/- under the first count and four years ri and a fine of ..... was issued on 20.10.87 i.e. subsequent to the recovery made on 12.9.87 and accordingly a-1, a-2 and a-3 were charged under section 25 of arms act and section 5 of explosive substances act. since the recovery at the pointing out of aslam @ pappu was made subsequent to the issuance of notification, he was charged under ..... rs. 1500/- under the second count and the latter was convicted under section 5 of terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred as 'the tada') and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2003
Reported in : JT2003(3)SC585; 2003(4)SCALE428
..... to 5 years' rl with fine of rs. 500/- each; in default a simple imprisonment for 3 months was awarded. they were also sentenced under section 5 of the explosive substances act, 1908 and were sentenced to rl for a period of 2 years with fine of rs. 500/-; with default clause to suffer further imprisonment for 3 ..... above were the occupants of that van. they did not have any licence to carry the said explosives, hence, the van with the explosives was seized and the accusedpersons were taken into custody. a case under sections 4 to 6 of the explosive substances act, 1908 was registered in fir no. 195/90. subsequently it came to the knowledge of ..... investigating agency that the place where the explosive material was sized, was a notified area declared under section 2(1)(f) of the tada act, hence, the provisions of the said act were also invoked. after completing the investigation, a chargesheet was filed against the appellant and the tada .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2003
Reported in : AIR2003SC2881; 2003(5)ALD26(SC); 2003(2)ARBLR666(SC); 2003(4)AWC2674(SC); 2003(3)BLJR2433; (2003)4CompLJ311(SC); 2003(3)CTC438; [2003(4)JCR140(SC)]; JT2003(6)SC1; (2003)135
..... marketing discipline and for the proper carrying on of the dealership of the corporation.(b) the dealer shall observe and comply with the provisions of petroleum act, 1934, explosives act, 1884, weights & measures act, 1976, etc., and all rules and regulations made thereunder.(c) the dealer shall faithfully observe and perform all the obligations, duties and requirements under ..... no stay was granted.9. in reply to the plaint filed in the civil judge's court, the appellant filed an application under section 8 read with section 5 of the act in the said suit praying for referring the dispute pending before the civil court to the arbitrator as per clause 40 of the dealership ..... being fully understood and agreed by and between the parties hereto that the vacancy should not be supplied within the meaning of sub-section 1(b) of section 8 of the arbitration act, 1940 (act no. 10 of 1940).(f) the award of the arbitrator so appointed shall be final conclusive and binding on all parties to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : 2004(1)ALD(Cri)99; 2004(1)CTC390; JT2003(10)SC371; 2004(1)KLT513(SC); 2004(2)MhLj358; 2004MPLJ231(SC); 2003(10)SCALE74; (2004)2SCC203
..... james martin faced trial along with his father-xavier for alleged commission of offences punishable under sections 302, 307,324 read with section 34 and section 326 read with section 114 ipc and sections 25(b)(1) of the arms act, 1959 (in short 'the act') and sections 27 and 30 thereof. learned sessions judge, n. paravur, found the present appellant ( ..... was the threat of more violence to the person and properties, that the events taking place generated a sort of frenzy and excitement rendering the situation explosive and beyond compromise. despite all these to expect the accused to remain calm or to observe greater restraint in the teeth of the further facts found ..... property of the accused was not only imminent but did not cease, and it continued unabated. not only there were acts of vandalism, but also destruction of property. the high court noticed that explosive substances were used to destroy the properties of the accused, but did not specifically answer the question as to whether .....
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