Law: Explosive Substances Act, 1908

Section: 4,5

Law: Anti Terrorism Act, 1997

Section: 7,27-A

(a) Explosive Substances Act (XI of 1908)--- ----Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), Ss.7 & 27-A---Possessing explosive substances and act of terrorism---Appreciation of evidence---Occurrence had taken place at 2.25 a.m. (night) and it was not possible to associate a private witness in such like cases at the odd hours of night---Record had shown that efforts were made to associate private witnesses, but no body was available---Defence had failed to bring any material on record to show or allege the malice or motive against the police witnesses for false implication of accused persons---No adverse inference, in circumstances, could be drawn against the prosecution for not associating private persons as witnesses---Police Officials were competent witnesses and could be credited with veracity, unless they were demonstrated to be false witnesses having maliciously accused an innocent person of the commission of an offence for ulterior motives---Contentions of counsel for accused persons regarding non-compliance of S.103, Cr.P.C., had no force---Record had revealed that prosecution witness who was member of Investigating team, had tendered the report/expert opinion given by Crises Management Officer; and same was never objected to by the defence counsel at the time of its exhibition---Objection raised by accused persons with regard to admissibility of the Expert report, was of no avail in circumstances---Recovery of explosives from the house/rooms in exclusive possession of accused, had been established---Nothing had been brought on record by accused persons to show or demonstrate that the prosecution witnesses had any malice, grudge or ill-will against accused persons to falsely implicate them---Nature of the recovered articles being explosives had been proved at the trial---Defence plea was not consistent and in support of their defence plea, they had failed to bring any material on record---Prosecution had proved the recovery of explosives in huge quantity from the possession of accused persons; who failed to account for the same---In view of the presumption attached under S.27-A of Anti-Terrorism Act, 1997, case against accused persons stood…

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