Explosives Act, 1884 [for short
Explosives Act ] and under sections 3 and 5 of the Explosive
Substances Act, 1908 [for short ' Explosive Substances ... accused for the offences under Rule 5 of the Rules
read with section 9-B of Explosive Act and also under
liable to fine;
(b) in the case of any special category explosive substance,
with rigorous imprisonment for life, or with rigorous
imprisonment for a term ... conviction supportable in law.
It must be recalled that the well established rule of criminal justice is
that "fouler the crime higher the proof
termed as
rash and negligent act while dealing withe explosive substances. In
this circumstances no offence under section 286 IPC is made out
against ... under section 9 B of Explosive Act.
The rule 128, of Explosive rules 2008 framed under the Explosive Act ,
specifically authorizes police officials not below
years, hence one-fourth would be five years. Thus, under the rules, a life convict is entitled to parole every year, if other conditions ... emergent cases involving humanitarian considerations have been given in rule 10A of the Parole Rules as; critical condition on account of illness of any close
including it in the Rule 9(a) of the Rules of
1927. Rule 9 of the Rules of 1927 reads as under :
"9. Classes ... Penal Code.
(ii) The Indian Criminal Law Amendment Act, 1908 ;
(iii) The Explosives Substances Act, 1908 ;
(iv) The Prevention of Corruption Act, 1947 ;
Criminal Writ
120B IPC , 16/18 Unlawful Activities (P) Act & 3 Explosives Substance
Act: PS Special Cell (Date of Order: 03.04.2012)
4. Learned counsel ... Sanjay Chandra V/s CBI", to show that bail is the rule and jail is an
exception and denying bail to the applicant solely
least before depositing it in the Malkhana. This precaution was
necessary to rule out the possibility of any tampering. The absence of
this precaution ... case. The possibility of
tampering with the case property cannot be ruled out. A serious
shadow of doubt is casted in the prosecution case
Md.Ajmal Md.Amir Kasab @Abu Majahid vs State Of Maharashtra on 29 August, 2012
Yanab Sheikh @ Gagu vs State Of West Bengal on 13 December, 2012
Equivalent citations: AIRONLINE
Harjinder Kaur vs State Of Punjab And Others on 1 August, 2012
Author: Paramjeet Singh
