STATE OF MAHARASHTRA ETC. versus SOM NATH THAPA ETC.

STATE OF MAHARASHTRA ETC. versus SOM NATH THAPA ETC.

The Court held that to establish criminal conspiracy knowledge of indulgence in an illegal act or a legal act by illegal means is necessary, and where the goods (eg. RDX) cannot be put to any lawful use, intent to further illegal use may be inferred from knowledge; at the framing stage the court applies a prima facie test and must not assess probative value of material; TADA s.1(4) preserves proceedings after expiry; applying these principles the Court discharged Abu Asim Azmi and Amjad Aziz Meherbux for lack of material but found prima facie case and maintained charges against Raju (Raju Kodi) and Somnath Thapa and refused the State's prayer to cancel Thapa's bail

Parties
Appellant: Abu Asim Azmi; Appellant: Amjad Aziz Meherbux; Appellant: Raju alias Raju Code Jain; Appellant: Somnath Kakaram Thapa
Jurisdiction
India
Judgment Date
12 April 1996
Procedural Posture
Criminal Appeal / Appeal Against Order Framing of Charges by Designated Court
Outcome
Appeals of Abu Asim Azmi and Amjad Aziz Meherbux allowed and they are discharged; appeals of Raju @ Raju Code Jain and Somnath Thapa dismissed; State's appeal for cancellation of Thapa's bail dismissed
Legal Topics
Criminal Conspiracy, Framing of Charge, Effect of Expiry/repeal of Statute, Abetment, Possession, Bail Cancellation
Criminal Law Terrorist and Disruptive Activities (prevention) Act 1987 Indian Penal Code 1860 Code of Criminal Procedure 1973 Criminal Conspiracy Framing of Charge Effect of Expiry/repeal of Statute Abetment +2 more

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Parties

Abu Asim Azmi

Appellant

Amjad Aziz Meherbux

Appellant

Raju alias Raju Code Jain

Appellant

Somnath Kakaram Thapa

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Order Framing of Charges by Designated Court

Legal Issues

  1. 1 What are the ingredients of criminal conspiracy under Section 120-A IPC?
  2. 2 When can a court frame a charge (scope and test at framing stage)?
  3. 3 Effect of expiry of TADA on pending investigations and proceedings

Ratio Decidendi

The Court held that to establish criminal conspiracy knowledge of indulgence in an illegal act or a legal act by illegal means is necessary, and where the goods (eg. RDX) cannot be put to any lawful use, intent to further illegal use may be inferred from knowledge; at the framing stage the court applies a prima facie test and must not assess probative value of material; TADA s.1(4) preserves proceedings after expiry; applying these principles the Court discharged Abu Asim Azmi and Amjad Aziz Meherbux for lack of material but found prima facie case and maintained charges against Raju (Raju Kodi) and Somnath Thapa and refused the State's prayer to cancel Thapa's bail

Court Disposition

Appeals of Abu Asim Azmi and Amjad Aziz Meherbux allowed and they are discharged; appeals of Raju @ Raju Code Jain and Somnath Thapa dismissed; State's appeal for cancellation of Thapa's bail dismissed

Orders

  • Abu Asim Azmi discharged
  • Amjad Aziz Meherbux discharged