Supreme Court of India

Prakash Kumar @ Prakash Bhutto v. State of Gujarat

Neutral citation

Reported as [2005] 1 S.C.R. 408

Bench R.C. Lahoti, B.N. Agrawal, H.K. Sema, G.P. Mathur and P.K. Balasubramany An JJ.

Decided 12 January 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the confessional statement duly recorded under Section 15 of TADA and Rules framed thereunder would continue to remain admissible for the offences under any other law which were tried along with TADA offences under Section 12 of the Act, notwithstanding that the accused was acquitted of offences under D TADA in the same trial.

Judgment, page 27

From the headnote

Terrorist and Disruptive Activities (Prevention) Act, 1987: -f c Sections 15 & 12-Tria/ of offer.ces under TADA together with offence under any other law-Admissibility of confession recorded under S.15 of TADA, in case accused acquitted of offences under TADA in the same trial-Held, it would continue to remain admissible for offences under any other law which were tried alongwith TADA offences. Section 12-Trial under TADA-Non-availability of ordinary procedural Jaw-Held, not discriminatory-Persons tried under TADA form a distinct class-Procedure prescribed for trying them for the aggravated

Authorities it was built on

2001 Pradip Chandra Parija and Ors. v. Pramod Chandra Patanaik and Ors. cited by 15
1994 The State of Gujarat v. Gadhvi Rambhai Nathabhai and Ors. Etc. cited by 2

Where later benches applied it

2013 Sanjay Dutt (a-117) v. The State of Maharashtra, through Cbi (stf), Bombay relied on
2008 Mohmed Amin @ Amin Choteli Rahim Miyan Shaikh & Anr. v. C.b.i through its Director relied on
2019 The State of Gujarat v. Anwar Osman Sumbhaniya and Ors. followed
2016 Andhra Pradesh State Council of Higher Education v. Union of India & Ors. Etc. followed
2012 Ashrafkhan @ Babu Munnekhan Pathan v. State of Gujarat followed
2019 The Authorised Officer, Indian Bank v. D. Visalakshi and Anr. referred to
2011 Princl. Chief Conservator of Forest & Anr. v. J.K. Johnson & Ors. referred to

Of those, 2 relied on · 3 followed · 2 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.