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2003 Supreme(SC) 960

ARIJIT PASAYAT, DORAISWAMY RAJU
Durga Prasad Gupta – Appellant
Versus
State Of Rajasthan Through C. B. I. – Respondent


JUDGMENT

Arijit Pasayat, J.-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 9-B of Explosives Act, 1884 (in short the `Act ) read with Rule 115 of Explosive Rules, 1983 (in short the `Rules ).

2. Prosecution case which led to the trial of the accused who was charge sheeted along with five others in a nutshell is as follows:

3. On 19.11.1990 complainant Ram Niwas (PW-7), S.H.O., P.S. Moti Dungri, Jaipur filed a written report Ex.P/10-A through Shri Sanwat Singh on the basis of which FIR Ex.P/138 was registered at police station Moti Dungri, Jaipur stating that on 19.11.1990 at about 8.15 a.m. complainant Ram Niwas Yadav along with the driver Ram Pratap of the official vehicle were patrolling. At 9.30 a.m. Ram Niwas received information from Mukhbir that the appellant at his residence plot No. A-4, Gupta Bhawan, Deepak Marg, had illegally kept explosives in huge quantity without licence at the godowns and under ground room and at the upper story of his house. On this information, Ram
































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