Supreme Court · 2002 INSC 147 · Decided 18 March 2002
Gurmail Singh v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2002 INSC 147 · [2002] 2 S.C.R. 518
- Case number
- CRIMINAL APPEAL No. 686/2001
- Decided
- 18 March 2002
- Bench
- U.C. BANERJEE, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution
Headnote
Criminal Law: Terrorist & Disruptive Activities (Prevention) Act, 1987-Section 5- C Ingredients of offence punishable thereunder-Allegation that accused found carrying a bag containing explosives on his head a/ongwith four detonators­ Constables inspired accused to surrender and brought Police Station itself-Report of expert and evidence of Police Officials- D Designated Court convicted accused on the basis of statutory presumption under Section 5 of the Act-Whether conviction justified-Held, such conviction is erroneous since Designated Court found case made out by prosecution
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