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.