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 : Jharkhand
Decided on : Sep-12-2003
Reported in : [2003(4)JCR290(Jhr)]
..... strictly complied the mandatory requirements of law. the licensing authority and the appellate authority therefore rightly held that the petitioner not only violated the mandatory provisions of explosive act and the rules but also violated the terms and conditions of the licence.9. so far, other charges are concerned, the commissioner-cum- appellate authority has ..... for storage of kerosene oil in a particular place under the provisions of explosive act and the rules made there under. it is the case of the petitioner that for the purpose of shifting his place of business to kasidih ..... storage tank of kerosene oil without obtaining permission and licence of the chief controller of explosive and further failed to give satisfactory explanation with regard to all other charges.8. kerosene oil being an explosive substance as defined 'in the explosive act a person has to obtain licence for dealing in the business of kerosene oil or .....
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 : Jharkhand
Decided on : Nov-06-2003
Reported in : [2004(1)JCR691(Jhr)]
..... per the seizure list (ext. 4) in presence of the witnesses.4. charge was framed against the appellants under sections 25(1-b) and 26 of the arms act and also under section 5 of the explosive substance act.5. the appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent ..... rigorous imprisonment for a period of five years for the offence under section 26(2) of the said act and the sentences were ordered to run concurrently. however, both the appellants were not found guilty of the offence under section 5 of the explosive substance act and they were accordingly acquitted in respect thereof.2. the prosecution case ..... 1992 by shri dilip kumar sinha, 2nd additional sessions judge, hazaribagh whereby and whereunder the appellants were found guilty for the offence punishable under sections 25(1)(c) and 26(2) of the arms act, 1959 and they were convicted and sentenced to undergo rigorous imprisonment for five years for the offence punishable under .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-2003
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
..... proclaimed offenders. reports from cfsl were collected and made a part of investigation record. he obtained sanction from the concerned authority under section 50 of pota and under section 7 of explosive substances act and section 196 cr.p.c. he recorded sstate ments of witnesses as and when required. he obtained the post-mortem reports of the ..... in respect of the deposition by him as to what material was placed and considered by the commissioner of police. thus, the sanction accorded under section 7 of the explosive substances act meets the requirement of law.160. we may now note the fourth issue raised by the defense. contention raised was that pota had certain statutory ..... ), it, thereforee, cannot be said that there was no valid sanction.159. turning to the second sanction accorded by the commissioner of police under section 7 of the explosive substances act, pw-12 has deposed that file was put up to the commissioner of police which contained copy of the fir, list of accused persons and .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-08-2003
Reported in : [2003(2)JCR696(Jhr)]
..... is entitled to proportionate remission in amg and md charges for the duration of non-supply of power and also for the reasons, like strike, riots, fire, floods, explosions, act of god or any other case reasonably beyond control. the formula for such computation of remission in amg and md charges had been laid down by the court in bihar ..... is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all ..... is concerned, is divisible in two parts-the first part is the inability to consume power either in whole or part due to strikes, riots, fire, floods, explosions, act of god and the other part is the inability of the consumer to take the power. the first has conclusive grounds and the second part has inconclusive grounds and .....
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 .....
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