Supreme Court of India · 1998-02-02
CHANDRAKANT ANNA PATIL vs STATE THRO CBI
- Citation / case number
- SC 1997/6689
- Court
- Supreme Court of India
- Petitioner
- CHANDRAKANT ANNA PATIL
- Respondent
- STATE THRO CBI
- Author
- K.T. THOMAS M.K. MUKHERJEE
- Bench
- K.T. THOMAS M.K. MUKHERJEE
Judgment text excerpt
The Supreme Court upheld the conviction of the accused under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), confirming their guilt. The Court found the trial court's sentence of five years rigorous imprisonment inadequate and proposed to enhance the sentence, emphasizing the need for the accused to be given a reasonable opportunity to show cause against such enhancement. The judgment clarified the procedural differences between the old and new Codes of Criminal Procedure regarding sentence enhancement, specifically referencing Section 423 of the old Code and Section 386 of the present Code.