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2023 Supreme(Mad) 1490

N. ANAND VENKATESH
M. Duraisamy – Appellant
Versus
State Rep. by The Inspector of Police Salem – Respondent


Advocates appeared:
For the Petitioner:R. Marudhachalamurthy, Advocate. For the Respondent:L. Baskaran, Government Advocate (Crl.side).

JUDGMENT

(Prayer: Criminal Revision filed under Sections 397 & 401 of the Code of Criminal Procedure, setting aside the judgment dated 28.11.2016 in Crl.A.No.59 of 2016, on the file of II Additional District and Sessions Judge, Salem by confirming the judgment passed in S.C.No.296 of 2014, on the file of Assistant Sessions Court, Sankari dated 30.03.2016.

1. This Criminal Revision Case has been filed against the judgement and order passed by the II Additional District and Sessions Judge, Salem in Crl.A.No.59 of 2016, dated 28.11.2016, confirming the judgment and order passed by the Assistant Sessions Judge, Sankari in S.C.No.296 of 2014, dated 30.03.2016, convicting the petitioner for offence under Section 5 of the Explosive Substances Act, 1908 and sentencing him to undergo one year simple imprisonment and to pay a fine of Rs.10,000/- and in default to undergo three months simple imprisonment.

2. The case of the prosecution is that the Inspector of Police and his police party were on a patrolling duty on 24.02.2012 at about 2.30 pm., at Vellalapuram Village. They found the petitioner moving in a suspicious manner, therefore they caught the petitioner and enquired him and the petition

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