Supreme Court · 2003 INSC 223 · Decided 9 April 2003
Salim Akhtar @ Mota v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2003 INSC 223 · [2003] 3 S.C.R. 470
- Case number
- CRIMINAL APPEAL No. 685/2001
- Decided
- 9 April 2003
- Bench
- S. RAJENDRA BABU, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 4, 5; Evidence Act Section 27; Arms Act Section 251, 5
Headnote
Criminal Trial: Terrorist and Disruptive Activities Prevention Act, 1 985; Sections 4 & C 5/Penal Code, /860; Sections 147, 148, 302 & 307: Arms Act, Section 251 E.xplosive Substances Act, Section 5: Charges under TADA-Conviction-Statement of accused vis-a-vis recovery of incriminating the pistol which was allegedly recovered along with other incriminating articles, raises considerable doubt on the factum of recovery-Since the recovery was made from an open place accessible to all, recovery of incriminating articles does not amount to conscious possession-Only that part of the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)