Appellants found guilty under Explosive Substances Act and Unlawful Activities (Prevention) Act; Sentences affirmed for aiding banned organizations.
In a significant judgment, the Chhattisgarh High Court has upheld the conviction and sentencing of three appellants for their involvement in possessing and supplying explosive materials intended for naxalite activities. The Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal delivered the verdict on June 30, 2026, affirming the lower court's judgment against Semal Deepak, Nara Bhaskar, and Telam Mutta.
The appellants were intercepted in a naxal-affected area carrying explosive substances, including electronic detonators, gelatin rods, and cordex wire. The prosecution's case, supported by reliable police witnesses, established that these materials were intended for delivery to naxalite cadres, confirming their participation in unlawful activities.
Despite the defense's argument of unreliable witness testimony and procedural lapses, the High Court found the police evidence credible and consistent, supported by documentary evidence including seizure memos and FSL reports. The court observed that minor discrepancies in the timing or location of the proceedings did not undermine the prosecution's case.
The judgment cited precedents from the Supreme Court, emphasizing that police testimony should not be disregarded solely due to their official status. The court concluded that the appellants failed to provide lawful explanations for the possession of the explosive materials.
The conviction under Sections 4(b) and 5 of the Explosive Substances Act, 1908, and Sections 23(1), 38(2), and 39(2) of the Unlawful Activities (Prevention) Act, 1967, was upheld, directing the appellants to serve their remaining sentences. The court also instructed the registry to inform the appellants of their right to appeal to the Supreme Court.
Bottom line:-
Conviction under Explosive Substances Act and Unlawful Activities (Prevention) Act upheld against appellants for possession and supply of explosives intended for naxalite activities.
Statutory provision(s): Explosive Substances Act, 1908 Sections 4(b), 5; Unlawful Activities (Prevention) Act, 1967 Sections 23(1), 38(2), 39(2); IPC Section 34; CRPC Sections 161, 313.
Semal Deepak v. Union of India, (Chhattisgarh)(DB) : Law Finder Doc id # 2938735
