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march 1981

Supreme Court of India · 1981-03-03

MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR. vs STATE OF MAHARASHTRA

Citation / case number
SC 1976/60951
Court
Supreme Court of India
Petitioner
MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR.
Respondent
STATE OF MAHARASHTRA
Bench
ISLAM, BAHARUL (J)

Judgment text excerpt

The Supreme Court upheld the convictions under Section 5 of the Explosive Substances Act, stating that the prosecution must prove the substance is an explosive, that the accused knowingly possesses it, and that such possession raises suspicion of unlawful intent. The Court clarified that the burden of proof shifts to the accused once the prosecution establishes its case. The appellants were found to be in 'conscious possession' of the explosive substances without the necessary license, leading to the dismissal of their appeals and the reduction of their sentences to time already served.

MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR. vs STATE OF MAHARASHTRA · Niyam