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april 1998

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.

KHUDESWAR DUTTA vs STATE OF ASSAM · Niyam