Case Note & Summary
The case involved an appeal by Salim Akhtar @ Mota against his conviction under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) by the Designated Judge, Meerut. The conviction stemmed from an incident on 26.1.1993, where bombs were hurled at a police picket, resulting in injuries and a fatality. An FIR was lodged, leading to the arrest of the appellant and others, who allegedly disclosed the location of concealed weapons. The prosecution presented 12 witnesses and recovered items including a pistol, RDX, and a hand grenade. The appellant denied the charges, claiming he was arrested earlier and tortured by police. The court examined the evidence, particularly the recovery process, and noted that the pistol was not sealed at the time of recovery, raising doubts about its possession. The court referenced precedents indicating that recovery from an open area does not imply possession. Ultimately, the court found the prosecution's evidence insufficient to uphold the conviction, leading to the appeal's allowance and the conviction's reversal.
Headnote
A) Criminal Law - Possession of Arms - Requirement of Conscious Possession - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 5 - The court held that mere recovery of arms from an open place does not establish conscious possession by the accused, especially when the recovery was not sealed and the identity of the weapon was unclear. The evidence did not satisfy the requirement of proving possession beyond reasonable doubt (Paras 34-35).
Issue of Consideration
Whether the prosecution established the appellant's possession of the recovered articles beyond reasonable doubt under the Terrorist and Disruptive Activities (Prevention) Act, 1987.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence imposed by the Designated Court, and discharged the appellant from bail obligations.
Law Points
- Possession of arms
- Disclosure statement admissibility
- Recovery from open place
- Conscious possession
- Evidence evaluation
