He got relief from the Special TADA court who found him guilty only under section 26(2) of the Arms Act, 1959 & not under TADA provisions under section 3 & 5 of the said Act. He is very luck to survive those charges otherwise the Supreme Court had in his own case in 1994 had held that In the prosecution for an offence punishable under Section 5 of the TADA Act, the prosecution is required to prove that the
accused was in conscious ‘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 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 defense is entitled to prove the non- existence of a fact constituting any of these
ingredients. As a part of his defense, he can prove by adducing evidence, the nonexistence of facts constituting the third ingredient as indicated earlier to rebut the statutory presumption. The accused is entitled to prove by adducing evidence that the purpose of his unauthorized possession of any such arms and ammunition etc. was wholly unrelated to any terrorist or disruptive activity. If the accused succeeds in proving the absence of the said third ingredient, then his mere unauthorized possession of any such arms and ammunition etc. is punishable only under the general law by virtue of Section 12 of the TADA Act and not under Section 5of the TADA Act. So by not punishing him for all such possession of Arms such as AK56, 25 hand grenades etc the TADA court has given him so much relief that no one can ever dream off. Let’s hope the Supreme Court doesn't disturb this TADA court judgment in appeal otherwise Sanjay Dutt may have to get more jail term on the basis of these provisions of TADA Act. Just pray to God that the Supreme Court ignore this while hearing his Appeal.
2007-08-10 20:51:12
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answer #1
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answered by vijay m Indian Lawyer 7
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In our united states media has fairly persusaive place. It further all reliable and undesirable factors to dutt case. Dutt have been given punishment yet he will have reliable possibility of bail with the aid of fact in many situations corresponding to this accused have been granted bail. we would desire to continually additionally remember who's in ruling occasion in Bombay. Politics is likewise going to play a considerable place. evaluate my ingredient, in the final he will come loose.
2016-10-09 23:51:43
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answer #2
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answered by ulberg 4
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if you help a terrorist then, you are also a terrorist.
Sanjay, because of Sunil Dutt, was favoured politically, otherwise he would have got 10 or 15 years.
the scale of justice is always manipulated by the unethical power and money hungry POLITICIANS, WHO ARE ALSO CONNECTED WITH CRIMINALS.
SANAT, U.S.A.
2007-08-13 09:52:29
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answer #3
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answered by SANAT 5
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agar english nahi aati to aise bhi likh sakte hain.
2007-08-12 22:55:32
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answer #4
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answered by Anonymous
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Yes, bye.
2007-08-10 20:15:19
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answer #5
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answered by Anonymous
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good bye and one advise for the last time Please please please donot MURDER english language
2007-08-10 21:30:32
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answer #6
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answered by Anonymous
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