GANESH GOGOI vs STATE OF ASSAM

The Supreme Court examined an appeal under Section 19(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, challenging a conviction under Section 3(2)(i) of the TADA(P) Act. The Court held that the appellant could not be convicted under Section 3(2)(i) as he was not charged under that section, and emphasized that the charges under Sections 3(2)(i) and 3(5) are distinct. The Court found that the conviction was unsustainable due to lack of evidence linking the appellant to the crime, leading to the appeal being allowed and the conviction set aside.