N. Kannapan V/s State (Union Territory) Andaman & Nicobar Islands , R. Chidambaram V/s State (Union Territory) Andaman & Nicobar Islands , Sanjay Choudhury V/s State (Union Territory) Andaman & Nicobar Islands , S. Namochivayam (In Jail) V/s State (Union Territory) Andaman & Nicobar Islands …

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-01-03
Case No: 7532 OF 2012, 8286 , 8730, 8876 of 2012
Case Type: SLP (Criminal)
Judge Name: B.S. Chauhan & Jagdish Singh Khehar
Subject: Criminal Law - Life Imprisonment
Statutes / Acts: Explosive Substances Act, 1908
Bench Strength: Double Bench
Case Note / Description :

Dismissing the petitions, the Court HELD: 1.1 There is prima facie material to establish the involvement of the petitioners in activities violating the provisions of the Explosive Substances Act, 1908. The consequences of such violation are extremely serious. The minimum punishment on conviction is 10 years rigorousimprisonment. For more serious activities, the punishment can extend to imprisonment for life, and even to death penalty. Some of the accused are still absconding. Obviously, all the accused are financially well placed. Releasing them from jail at this juncture, when the prosecution has not even commenced to examine the main witnesses, could prove detrimental to the eventual outcome of the trial. Atleast till the culmination of the evidence of the material witnesses, it would not be proper to release the petitioners on bail. The impugned orders passed by the High Court are accordingly affirmed. [Para 15] 1.2 It would be just and appropriate to direct the prosecution to first examine the material witnesses. It shall be open to the petitioner (s) to move a fresh application for bail, after the examination of all the material witnesses.

 
 
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