Supreme Court · 2003 INSC 511 · Decided 25 September 2003

Durga Prasad Gupta v. The State of Rajasthan Through C.B.L.

Court
Supreme Court of India
Citation
2003 INSC 511 · [2003] SUPP. 4 S.C.R. 1
Case number
CRIMINAL APPEAL No. 756/2003
Decided
25 September 2003
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 3(1), 3(3), 5, 6, 120B

Headnote

B E-rp/osive Substances Act, 1908 : Section 5: Accused charged with poss~ssion of explosive substances­ Held: Unless the possesion is coupled with requisite mental element, i.e. C conscious possession and not mere custody without awareness of the nature of such possession, Section 5 not the godown of Accused-Held, not only belies but militates against the very plea of Accused/Appellant relating to conscious possession. D Trial under-Once conscious possession of contraband articles found in possession of Accused no further nexus with any terrorist or disruptive activity is

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