Supreme Court of India · 1998-04-02
KHUDESWAR DUTTA vs STATE OF ASSAM
- Citation / case number
- SC 1997/13721
- Court
- Supreme Court of India
- Petitioner
- KHUDESWAR DUTTA
- Respondent
- STATE OF ASSAM
- Author
- Nanavati
- Bench
- V.N. KHARE G.T. NANAVATI
Judgment text excerpt
The Supreme Court held that the Designated Court erred in convicting the appellant under Section 5 of the TADA (P) Act based on his statement, which did not constitute an admission of guilt. The Court emphasized that mere knowledge of the firearms' location does not equate to conscious possession. The conviction was set aside, and the appeal was allowed, highlighting the necessity of proper legal representation and understanding in criminal proceedings.