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Explosive Substances Act

20 Supreme Court judgments cite this Act.

SEENI NAINAR MOHAMMEDversusSTATE REP. BY DEPUTY SUPERINTENDENT OF POLICE

2017 INSC 40627 April 2017Appeal(s) allowed

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for the murder of a Hindu leader. The Supreme Court examined whether the required prior sanction under Section 20‑A of TADA had been validly obtained. It found that the sanctioning authority had granted approval

V. RAJARAMversusSTATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB

2019 INSC 128226 November 2019Appeal(s) allowed

In May 2007 a protest turned violent at the Dinakaran newspaper office, resulting in arson and the death of three employees. The Deputy Superintendent of Police (DSP) Rajaram, who was on bandobust duty, was charged under Sections 217 and 221 of the IPC for allegedly disobeying orders and intentionally failing to appreh

RAJ KUMAR SINGHversusSTATE OF BIHAR & ORS.

1986 INSC 20126 September 1986Dismissed

R.K. Singh was detained under section 12(2) of the Bihar Control of Crimes Act, 1981 on the ground that he was an anti‑social element habitually committing offences under Chapters XVI and XVII of the Indian Penal Code. The detention order was based on several incidents, including a raid in which he opened fire on polic

THE STATE OF WEST BENGAL & ORS.versusSUVENDU ADHIKARI & ORS.

2023 INSC 64724 July 2023Disposed off

The Supreme Court examined six FIRs registered in West Bengal relating to alleged explosive offences and a High Court order that transferred the investigation to the National Investigation Agency (NIA). The High Court had directed the Central Government to invoke its power under Section 6(5) of the National Investigati

NALLABOTHU VENKAIAHversusSTATE OF A.P.

2002 INSC 34320 August 2002Dismissed

The appellant, Nallabothu Venkaiah, was one of sixteen accused who allegedly formed an unlawful assembly, hurled bombs and used axes, knives and spears to kill R. Venkateswarlu on 13 October 1992. The trial court convicted him under Section 302 IPC (simpliciter) and sentenced him to life imprisonment, relying on the te

SHAMSHER KHANversusSTATE (NCT OF DELHI)

2000 INSC 49419 October 2000Disposed off

Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide convictions, arguing that his

SHAUKAT HUSSAIN GURUversusSTATE (NCT) DELHI & ANR.

2008 INSC 67514 May 2008Dismissed

The petitioners, accused in the 2001 Parliament attack, were originally convicted of several offences under POTA, the IPC and the Explosive Substances Act, with death sentences imposed. The Supreme Court partially set aside the convictions, substituting a conviction under IPC s.123 (concealment of design to wage war) w

ALIJAN MIAN AND ANOTHERversusDISTRICT MAGISTRATE, DHANBAD

1983 INSC 11913 September 1983Dismissed

The Supreme Court examined two writ petitions challenging orders of preventive detention under the National Security Act, 1980 issued against Alijan Mian and Jadunandan Sah, who were already in jail and likely to be released on bail. The detaining authority justified the detention on the ground that, if released, the p

PRAKASH CHANDRA YADAVversusSTATE OF BIHAR AND ORS.

2007 INSC 105912 October 2007Appeal(s) allowed

On 3 February 1994, the informant Prakash Chandra Yadav and a pillion rider were attacked by the accused who hurled bombs at them and later pursued them with a licensed gun. Although one bomb exploded, the informant sustained no injury. The trial court convicted the accused under Section 307 (attempt to murder) and Sec

T.T. ANTONYversusSTATE OF KERALA AND ORS.

2001 INSC 29412 July 2001Case Partly allowed

During a minister's visit to Kannur in 1994, police firing resulted in five deaths and many injuries, leading to two FIRs (Crimes 353/94 and 354/94). After a change of government, a Commission of Inquiry blamed the firing and the Director‑General of Police ordered a fresh FIR (Crime 268/97) three years later, initiatin

SALIM AKHTAR @ MOTAversusSTATE OF UTTAR PRADESH

2003 INSC 2239 April 2003Appeal(s) allowed

The appellant, Salim Akhtar (Mota), was convicted under the Terrorist and Disruptive Activities Prevention Act (TADA) for allegedly possessing a pistol, cartridges, a bomb and RDX that were recovered after he led police to a polythene bag in an open area. The pistol was not sealed at the time of recovery and its make a

LAL SINGH ETC. ETCversusSTATE OF GUJARAT AND ANR.

2001 INSC 139 January 2001Case Partly allowed

The Supreme Court examined the convictions of five appellants under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged conspiracy to commit terrorist acts, the recovery of large quantities of arms, ammunition and explosives, and related offences under the IPC, Explosive Substanc

ABDUL KARIMversusSTATE OF KARNATAKA AND ORS.

2000 INSC 5057 November 2000Appeal(s) allowed

The Supreme Court examined applications filed by the Special Public Prosecutor (SPP) under Section 321 of the Criminal Procedure Code to withdraw TADA charges against accused linked to the forest brigand Veerappan, whose kidnapping of actor Rajkumar prompted the Karnataka government to concede to his demands. The SPP’s

IZHARUL HAQ ABDUL HAMID SHAIKH & ANR.versusSTATE OF GUJARAT

2009 INSC 3326 March 2009Disposed off

Three criminal appeals under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) sought bail for appellants – Izharl Haq Abdul Hamid Shaikh, Amir Gulam Husein Bandukwala and labourer Jivan Raghu Varli – who had been denied bail by Designated TADA Courts. The appellants argued that the FIRs were lodged

KARNAM RAM NARSAIAH AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 4245 August 2004Dismissed

Seventeen persons were tried for offences including murder; five were convicted, and the High Court upheld the murder convictions of A1‑A4 under Section 302 read with Section 34. The appellants argued that the charge sheet did not specifically allege an offence under Section 34 and that the evidence did not identify wh

MANNAN SK & ORS.versusSTATE OF WEST BENGAL & ANR.

2014 INSC 4663 July 2014Dismissed

In 1992 a bomb attack resulted in the death of Rupchand Sk, whose statement at the scene was recorded by the investigating officer (PW15) but not entered into evidence. The prosecution later sought, under Section 311 of the Code of Criminal Procedure, to recall PW15 to record this statement; the trial court rejected th

MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR.versusSTATE OF MAHARASHTRA

1981 INSC 533 March 1981Dismissed

The appellants, four brothers who ran the shop M.F. Maniyar & Sons, were convicted under Section 5 of the Explosive Substances Act, Section 120B of the Indian Penal Code and related provisions for possessing and selling large quantities of potassium cyanide, potassium chlorate, detonators and other explosives without a

COMMON CAUSE"REGISTERED SOCIETY THROUGH ITS DIRECTORversusUNION OF INDIA AND ANR.

1996 INSC 6051 May 1996Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by the registered society "Common Cause" seeking relief for under‑trial prisoners and accused persons in pending criminal matters. The Court observed that prolonged pendency of criminal cases infringes the right to life and liberty guaranteed b

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