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Showing contexts for: explosive rules in Qamar Ghani Usmani S/O Shabibuddin ... vs State Of Gujarat on 23 September, 2022Matching Fragments
53. As a result of the above discussion, our answers to the three questions of law referred for our decision are as under :
(1) In the prosecution for an offence punishable under Sec. 5 of the TADA Act, the prosecution is required to prove that the accused was in conscious R/CR.A/1216/2022 JUDGMENT DATED: 23/09/2022 'possession', 'unauthorisedly', in 'a notified area' of any arms and ammunition specified in columns 2 and 3 of Category I or Category III (a) of Schedule I to the Arms Rules, 1962 or bombs, dynamite or other explosive substances. No further nexus with any terrorist or disruptive activity is required to be proved by the prosecution in view of the statutory presumption indicated earlier. The accused in his defence is entitled to prove the non-