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2014 Supreme(SC) 419

K.S.RADHAKRISHNAN, DIPAK MISRA
Chandra Prakash – Appellant
Versus
State of Rajasthan – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the case:

  • Sanction under Section 7 of the Explosive Substances Act, 1908: The Supreme Court held that the power to grant sanction can be delegated to the District Collector. The District Collector granting sanction via a speaking order is valid, and the examination of the District Magistrate to prove his consent is not necessary. (!) (!) (!) (!)
  • Admissibility of Recovery under Section 27 of the Evidence Act: Formal arrest of the accused is not essential for recovery to be admissible under Section 27. It is sufficient that the person providing information is an accused and is "in the custody of a police officer." Recovery made at the disclosure of the accused from their house or godown is admissible in evidence. (!) (!) (!) (!)
  • Test Identification Parade (TIP): A delay of three weeks between the arrest and the Test Identification Parade does not render the parade invalid or affect the prosecution case, provided the accused are identified in court later. (!) (!) (!) (!)
  • Corroboration of Approver's Statement: While an approver's statement ordinarily needs corroboration in material particulars, the Court found that Pappu (the approver) implicated himself, did not make exculpatory statements, and spoke graphically about the involvement of all accused. The recovery of explosives from Chandra Prakash's possession corroborated the approver's statement. (!) (!) (!) (!) (!)
  • Definition of Explosive Substances: Ammonium nitrate, while not an explosive in itself, falls under the definition of "explosive substance" under Section 2 of the Explosive Substances Act, 1908, as it includes materials for making explosive substances. Possession of a huge quantity of ammonium nitrate along with other items (fuse wires, detonators, dynamite) constitutes conscious possession intended for making bombs. (!) (!) (!) (!) (!)
  • Framing of Charges: No prejudice is caused to the accused if charges are framed along with Section 6 of the 1908 Act even if independent specific charges under Sections 3, 4, and 5 are not separately framed, as long as the accused understands the scope of the trial. (!) (!) (!)
  • Criminal Conspiracy: Conspiracy can be inferred from circumstantial evidence, such as meetings at a Madarsa, purchase of ammonium nitrate, and carrying boxes to the Madarsa, even without direct evidence of an express agreement. (!) (!) (!) (!)
  • Offence under the Foreigners Act, 1946: The offence under Section 14 of the Foreigners Act was proved against Abdul Mateen, a Pakistani national, as he was found in India without a passport or visa, and he did not dispute his nationality or lack of documents in his statement under Section 313 CrPC. (!) (!) (!)

JUDGMENT

Dipak Misra, J. –

1. On 26th January, 1996, a day of celebration and conscientious remembrance of the "Red Letter Day" in the history of India because 26th January is the date in 1950, when our organic, inclusive, humane and compassionate Constitution came into existence being given by the people of this country to themselves and the nation has been obliged to jubilate remembering the said important day in our national history, for it chartered the path of many an emancipation and conferred on the people the highly cherished fundamental rights; about 8.30 a.m., there was a blast of explosive substances between Gate No.12 and Gate No. 13, towards the southern and eastern side of Sawai Man Singh Stadium Jaipur, where the State level function on Republic Day was going to be celebrated. Soon after the blast, Prahlad Singh, the Station House Officer, Police Station lodged an FIR about 9.30 a.m. which was registered as FIR No. 39/1996.

As per the FIR, when the blast took place, the people who had assembled were asked to leave the stadium so that there could be a check. During the check, it was found that due to the blast, a big size crater had come into existence at the scene of ex









































































































































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