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february 1998

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.

CHANDRAKANT ANNA PATIL vs STATE THRO CBI · Niyam