Supreme Court of India

N. Madhavan v. State of Kerala

Neutral citation
Bench R. S. Sarkaria, P. N. Shinghal and O. Chinnappa Reddy JJ.
Decided 7 August 1979

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For all the foregoing reasons, we are of opinion that the impugned order of confiscation of gun being arbitrary and unjust, cannot be sustained. We therefore, allow this appeal, set aside the impugned order and direct that possession of this gun (M.O.1) be restored to the appellant.

Judgment, p. 232 (concluding paragraph)

From the headnote

Criminal Procedure Code, 1898 Section 517 [1973 Code Section 452(1)]-Disposal of property seized at conclusion of trial-Accused given the protection of Section 96 Penal Code accepting the plea of self defence-Legality of the order confiscating to Government of M.O. 1, licensed gun surrendered by the accused. Accepting the plea of self defence, the Sessions Judge held that the accused was entitled to the protection of Section 96 Penal Code and had therefore committed no offence.…

Authorities it was built on

  • Pushkar Singh v. State of Madhya Bharat
  • Lalluram Mohanlal v. State of Gujarat
  • Arjun Padhy and Ors. v. State of Orissa & Anr

Where later benches applied it

Of those, 1 relied on · 1 referred to

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