TMI Blog2001 (1) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... ad with Sec. 120B IPC but no separate sentence was awarded. Accused No.1 was additionally convicted for the offences punishable (1) under Section 5 of TADA Act and sentenced to suffer life imprisonment and to pay a fine of ₹ 10,000/-, and in default to suffer R.I. for 6 months; and (2) under Section 5 of the Explosive Substances Act, to pay a fine of ₹ 5000/- in default to undergo R.I. for 3 months; (3) under Section 25(1A) of the Arms Act and sentenced to suffer R.I. for 7 years and to pay a fine of ₹ 5,000/- and in default to suffer R.I. for 3 months. No separate sentence for A-1 under Section 3(3) of TADA Act, Section 5 of Explosive Substances Act read with Section 120B IPC was passed. All sentences were directed to run concurrently. Against the said judgment and order, A1 Lal Singh has filed Criminal Appeal No.219/1997, A2 Mohd. Sharief has filed Criminal Appeal No.1409- 1411/1997, A3 Tahir Jamal has filed Criminal Appeal No.407-409/1997, A4 Mohd. Saquib Nachan has filed Criminal No.244/1997 and A20 Shoaib Mukhtiar has filed Criminal Appeal No.294/1997. In all, twenty one accused were tried jointly before the trial court on the charge that they alongwith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akistan started instigating Indian Muslim and Sikh youths for this purpose. ISI contacted certain youngsters in India, who were the members of one organization named SIMIan institution for the purpose of cultural and religious activities amongst Muslim youngsters and to follow the principles of Holy Kuran and to live the life guided by Holy Kuran. For this purpose, ISI took help of Mr. CMA Bashir (absconding) of Kerala having close connection with SIMI. As the area of Punjab and J K was not safe for the above activities, they chose certain borders of Gujarat and Rajasthan. Accused no.2a Pakistani National and ISI agententered into India for getting information regarding defence base of India situated at Ambala, Punjab, J K and for collecting other inside information in connection with defence personnel and army position in India. For this purpose he contacted accused nos.1, 3 and 4. Accused no.1 and 2 were active in furtherance of their conspiracy. They entered into India, lodged at different places in order to achieve the goal. Both of them created contacts in India with accused no.20 at Aligarh and accused nos.3 and 4 at Bombay. Accused no.1 and 2 visited various places of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4th and 25th July, 1992 ASI Mr. Raj interrogated accused Lal Singh. He was sending information every day with regard to the interrogation to DCP Mr. Anopkumar Singh. On 24th July, 1992 on the basis of interrogation, information was conveyed at Baroda with regard to large scale arms and ammunitions stored at certain premises at Ahmedabad. On receipt of the said information, Mr. Anopkumar Singh rushed to the Commissioner of Police, Baroda. Further, the D.G. Police of Gujarat State was informed immediately on telephone about the said information. The C.P. Baroda also talked about the information with Mr. Surolia, DCP Ahmedabad (PW103). The information was received at night time on 24th July, 1992 and PW7 ASI T.A. Barot located the two premises, namely, Flat No. C-33, Paresh Apartments situated at Narayanagar Road, Paldi and House No.4-A, Usman Harun Society, Juhapura at Ahmedabad and raids were carried out on 25th July in the morning. During raids, large quantity of arms, ammunitions and explosives were recovered from the said premises. The Ahmedabad police was investigating the crime but considering its seriousness, on 31st July, 1992, the State Government gave consent for investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... threats given by the C.B.I. Officers, he had not disclosed the story of torture when he was produced before the Court. He refused to identify other accused. He also denied to have visited India except in August 1992. Accused No.3, Tahir Jamal also refused of having any relation with any of the accused. He stated that during the period of remand, no specimen writings were taken from him. Accused No.4, Saquib Nachan has stated that he was arrested from his village. He has also denied all allegations levelled by the prosecution and stated that during his arrest his signatures on blank papers were obtained under pressure and torture. Accused No.20, Shoaib Mukhtiar has stated that he was arrested from Aligarh. C.B.I. officers took his signatures on blank papers after torture and beating him severely. With regard to the evidence of Azim Varasi, PW87, he has stated that witness was his friend but afterwards their relations became enemical. This happened because he was not ready to marry with the sister of Azim Varasi and further there was some quarrel between them on account of money. It is not necessary to narrate the defence of rest of the accused who are acquitted. After appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tha Palace and the stay of accused no.1 in hotel Royal and/or hotel Butterfly at Ahmedabad; (iv) the visit of accused no.1 and absconding accused Mushahid under assumed names of K. Kumar and M. Husain respectively to Bombay on 30.6.92 and their contacts with accused no.4 to plan out about the bomb blast in Stock Exchange Building at Madras; (v) the visit of accused no.1 and absconding accused Mushahid Husain to Hotel Balvas International in the names of Murtuzakhan and Anwar; (vi) the visit of accused nos.1,4 and absconding accused C.A.M. Bashir to Madras on 2.7.92 as alleged and the stay of accused nos.1 and 4 in hotel New Woodland, Madras; (vii) the visit of accused nos.1,4 and absconding accused C.A.M. Bashir of Stock Exchange Building, Madras on 3.7.92 and the return journey to Bombay on 4.7.92; and (viii) the visit of accused nos.3,4 and absconding accused Mushahid Husain to Pakistan in the year 1991. 8. accused no.1 had brought 3000 US dollars and ₹ 20,000/- in Indian currency and accused no.2 brought 3000 US dollars and ₹ 30,000/- in Indian Currency when they entered into India in December, 1991 and ultimately reached to Aligarh; 9. accused n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Indian currency, one visiting card of hotel Samrat containing various telephone numbers and a driving licence in the assumed name as Kishor Kumar alongwith other articles were recovered; SUBMISSIONS: At the time of hearing of these appeals, Mr. Sushil Kumar, learned Senior Counsel appearing on behalf of accused no.1 and 4 has taken us through the material part of the evidence and has contended that the Trial Court ought not to have relied upon the confessional statements of the accused as the same are neither voluntary nor truthful. For contending that confessional statements are not voluntary, he submitted that all throughout accused were kept in police lock-up and during that time their so-called confessional statements were recorded by the Investigating Officers; before recording the confessional statements, the accused were not informed that after making the statements, they would be produced before the Judicial Magistrate and would be sent in judicial custody. It is pointed out that accused No.4 was arrested on 10.10.1992 and thereafter he was kept in police custody and on 7th November, 1992 his confessional statement was recorded. After recording the said statement, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther arranged their stay at Delhi; the said agent arranged his visa and air tickets from Delhi and in August, 1992 when the agent took him to the International Airport (Delhi) to board a flight for Germany via Moscow, he was stopped and later on arrested; that he has no connection with recovery of arms etc. and that there is no evidence to show an agreement between him and other accused to commit an offence. The learned counsel has further argued that the confessional statement of accused no.2 was taken under coercion and to prove this fact, she referred to two paragraphs of statement of accused no.2 recorded under Section 313 Cr.P.C. wherein accused no.2 has stated that CBI officials took him to Ahmedabad for producing before a Magistrate; he was not put any question by Magistrate; he was threatened not to make any complaint; he could not arrange any lawyer as he is a resident of Pakistan; during his custody he was forced to plead guilty but as he did not make any confessional statement, he was mentally and physically tortured; and that against this torture, he went on hunger strike in May, 1994 for sixty days and thereafter on considering his deteriorating health condition, he w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s given its findings mostly on the basis of conjectures and surmises; the judgment does not deal with the defence witnesses and is full of discrepancies and factual errors; the facts on the basis of which the conclusions have been reached and inferences have been drawn by the trial court actually do not exist anywhere, neither in the deposition nor in the oral or documentary evidence and not even in the confessional statements; the say of CBI officers has been taken as gospel truth and accused no.3 has been convicted for criminal conspiracy on the basis of philosophical reasons; and, therefore, accused no.3 may be acquitted. Mr. K.T.S. Tulsi, learned senior counsel appearing on behalf of accused no.20 contended that the confession of accused was procured after he was stripped naked and severely tortured for four days and the alleged confession has serious discrepancies, which have been filled up subsequently. In the confessional statement, Aligarh has been replaced for Srinagar and that the certificate has been corrected by white ink where the name of accused no.20 Shoaib Mukhtiar has been substituted for accused no.2 Mohd. Sharief. The very fact that the name has been changed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s conviction of any one accused under Section 3(2), appellants could not be convicted under Section 3(3) of the TADA Act. Mr. P.P. Malhotra, learned senior counsel appearing on behalf of State (CBI) controverted arguments advanced by the learned counsel for the accused/appellants and contended that the totality of the evidence read with the confessional statements of the accused establishes that they were conspirators; the judgment of the trial court is well reasoned and, therefore, the appeals of the accused require dismissal. On the basis of the submissions made by the learned counsel for the parties, the contentions raised by them can be divided as under: - 1. Whether before convicting accused under Section 3(3) there should be conviction of someone under Section 3(2) of TADA Act? 2. Whether confessional statements would be inadmissible in the evidence on the ground that (a) they were recorded by the investigating officers or the officers supervising the investigation; (b) the accused were not produced before the Judicial Magistrate immediately after recording the confessional statements; and (c) the guidelines laid down in the case of Kartar Singh are not followed? 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine. (4) Whoever harbours or conceals, or attempts to harbour or conceal any terrorist act shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine. (5) Any person who is a member of a terrorists gang or a terrorists organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine. (6) Whoever holds any property derived or obtained from commission of any terrorist act or has been acquired through terrorist funds shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine. The aforesaid section provides for various acts which would be considered as terrorist acts and punishment thereof. It also provides for punishment of acts which are not terrorist acts. Section 3(1) enumerates various activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson who conceals design to commit an offence punishable with death or imprisonment for life inter alia by any act or illegal omission. Similar provisions are there under Sections 119 and 120. Hence, in our view, for convicting the accused under Section 3(3), it is not necessary that someone should be convicted under Section 3(2) for commission of a terrorist act. Therefore, the contention of the learned counsel for the accused that except accused no.1-Lal Singh, no other accused can be convicted under Section 3(3) is without any substance. (2) Admissibility of Confessional Statements: Next question would bewhether confessional statements are inadmissible in evidence because (a) the statements were recorded by the investigating officers or the officers supervising the investigation; (b) the accused were not produced before the Judicial Magistrate immediately after recording the confessional statements; and (c) the guidelines laid down in the case of Kartar Singh are not followed. For deciding this contention, we have to refer to Section 15 of the TADA Act and flush out from our mind the concept evolved because of provisions of Evidence Act. The confessional statement recorde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stodial interrogation and all the conditions required are fulfilled. In view of the settled legal position, it is not possible to accept the contention of learned senior counsel Mr. Sushil Kumar that as the accused were in police custody, the confessional statements are either inadmissible in evidence or are not reliable. Custodial interrogation in such cases is permissible under the law to meet grave situation arising out of terrorism unleashed by terrorist activities by persons residing within or outside the country. The learned counsel further submitted that in the present case the guidelines suggested by this Court in Kartar Singh (Supra) were not followed. In our view, this submission is without any basis because in the present case confessional statements were recorded prior to the date of decision in the said case i.e. before 11th March, 1994. Further, despite the suggestion made by this Court in Kartar Singhs case, the said guidelines are neither incorporated in the Act or the Rules by the Parliament. Therefore, it would be difficult to accept the contention raised by learned counsel for the accused that as the said guidelines are not followed, confessional statements ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity and truthfulness, prosecution has produced on record other corroborative evidence, which we would discuss hereinafter. Once it is held that confessional statements are admissible in evidence, for decidingto what extent such statements are reliable and truthful on the basis of corroborative evidence, we have to refer to the same. The prosecution story revolves around accused no.1 and 2 and all charges against remaining accused are inter-se connected with both these accused. Therefore, we would first refer to some parts of the confessional statements of A1-Lal Singh and A2-Mohd. Sharief. CONFESSIONAL STATEMENT OF A1-LAL SINGH. The confessional statement of Lal Singh is exhaustive and narrates the entire history of his activities from his childhood to the date of recording the said statement. He stated his correct and assumed names viz. Lal Singh s/o Bhag Singh, alias Manjit Singh, Iqbal Singh, Aslam Gill, Ashok Kumar, Kishore Pilot, Lalli, Raju, Veer Singh. He was resident of Village Nawapind and was born on 25.2.1960. He failed in his Xth Examination. In 1972, he got made his passport there by inserting his name as Lal Singh and started planning to go abroad. He stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was informed that Sharief was involved in terrorism in India and some of his men were caught. Subsequently, Sharief introduced him to two persons who were smuggling weapons and explosives in India. Finally, it is his say that in November, 1991 when Daljit Singh Bitto was present in his house, one Amir-ul-Azim came with Tahir (accused no.3) and introduced him. Amir- ul-Azim told him to go to India and also that Tahir was resident of Bombay and a faithful man. It is his further say that in November, 1991 Sharief came back to Lahore with Javed Yousuf resident of Kashmir who was living in Aligarh and they all three decided to work unitedly for creation of Khalistan and for independence of Kashmir. Thereafter, for him Mohd. Sharief got a bogus passport and obtained a visa in the name of Chowdhary Mohd. Iqbal Ahmad son of Sultan Ahmad. Both of them came to Bombay from Lahore via Karachi by Pakistan Srilanka Flight. The passport and visa of Sharief was also bogus. He was having visa for Calcutta in the bogus name of Mansoor. After reaching Bombay they stayed at the Airport and from there they went to International Airport by Taxi and from there they went to Calcutta by morning flight. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to know that Gulzar Singh in reality is Daljeet Bitto. In May, he received two consignments of weapons i.e. one by Daya Singh and second from the house of Karim. Since, Karim and Akbar came to know about Gypsy number, so he sold the same and purchased a Mahindra Jeep. Thereafter, he came in contact with Rajbir. Later on, Rajbir was arrested. Deepak told him that Rajbir is that person who can talk to the government for freeing Jinda by kidnapping the grand daughter of Prime Minister. In June, 1992, he received another consignment of weapons from the house of Karim. He bought a new Bajaj Scooter from Avish Auto. He further purchased a gypsy, earlier owned by Dhanraj Electronics. On 30.6.1992 he along with Musahid came to Bombay by flight and stayed at hotel Balwas. They wanted to meet Raveesh @ Saquib. During the meeting, Raveesh enquired for giving weapons and also for help in training his boys. On Ist July, he alongwith Raveesh went to Madras. Both stayed at hotel Woodland in different rooms. On 4.7.1992 they came back to Bombay by flight. Next day, he went back to Ahmedabad. On 12.7.92 he went to Indore and from Indore to Gwalior. There, he stayed with Harjeet Singh, a friend of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tants operating in Kashmir. He introduced the militants to the businessmen of Lahore and used his political influence to get help for the militants from the business community. He visited India on 20th January, 1991 on a valid passport and visa to visit Delhi in his genuine name alongwith Syed Abdulla Siraji, who was infiltrated with an assumed name of Ahmed Ali. For infiltration of Syed Siraji to India, he took help of his friend Javed Jaida, a Customs Clearing Agent at Railway Station, Lahore. After reaching Delhi, he stayed at Qureshi Guest House and there he came into contact with Furkan Ali @ Bubba r/o Saharanpur, who was a smuggler operating through Atari border. After site seeing in Delhi, he returned to Pakistan by train on 2nd February, 1991. In Feb., 1991 he met Sajjad Alam Raja, resident of PoKwho was involved in arranging finances, weapons and support from the Pakistani authorities to the militants operating in Kashmir. He again entered into India on 12.3.1991, through Attari border on a new passport, with a view to infiltrate four Kashmiri militants. Out of four, only one militant, Yakub could be infiltrated in connivance with the local smugglers and Custom authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India on 8th October, 1991 by PIA flight under the assumed name of Manzoor Ahmed and on a new passport. At Bombay, he stayed in Hotel Kalpana, Grant Road. Thereafter, on 17th October, 1991 he went to Aligarh and met Sajjad. Sajjad told him that he was in constant telephonic contact with Lal Singh. Sajjad further informed him that Yasin, Shoaib Mukhtiar (accused no.20), Javed Yousuf and Barkat Ahsani were constantly in touch with him (Sajjad) and that they were in need of weapons for accelerating terrorist activities including killing of BJP/Hindu leaders and police officials in India. He tried to get extended his visa from Delhi and Bombay but he failed to do so. Thereafter, he returned to Aligarh; burnt his passport and decided to stay there in furtherance of task given to him. From Aligarh, he was in constant touch with Lal Singh and Col. Hafeez-ur- Rehman in Pakistan on Telephone Nos.851981 and 586668 respectively. He returned back to Pakistan on 8th Nov., 1991 to arrange infiltration of Lal Singh to India. With the help of Chowdhary Altaf Hussain, a Member of Provincial Assembly, Punjab (Pakistan), he arranged a passport for Lal Singh in the assumed name of Iqbal Ahmed. He als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fiz-ur-Rehman in Pakistan, who informed him that Major Suhail and his four associates had been arrested by the Police and that he should not go to Delhi and Aligarh and that he should stay at Bombay. On 2nd April, 1992 he returned to Aligarh to celebrate Id-ul-fitur with Shoaib Mukthiar, Barkat Ahsani, Javed Yousuf and Yasin. On 8th April, 1992 police raided at the shop of Javed Yousuf and arrested him. At that time, he was present at Javed Yousufs house. He immediately left that place and, thereafter, being accompanied with Shoaib Mukhtiar, he went to Kathmandu by bus. On 22nd April, 1992, in Kathmandu, he contacted Pakistan authorities and leaving Shoaib alone in hotel, he went to Pakistan by Flight. Again, on 22nd June, 1992 he left Karchi by air for Kathmandu. In July, 1992 he contacted two persons, namely Puran Bahadur Mallah, and Prakash Chand Thakur, Ex. Ambassador of Nepal to Japan and former Chief Protocol Officer, Govt. of Nepal, who could provide persons for intelligence purposes. In January, 1993 the above two persons infiltrated into India. He infiltrated on 8th January, 1993 and went to Gorakhpur. He stayed in India upto 25th January and again went back to Kathmandu. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preciation, other evidence can be divided as under: - (a) Arrest of A1 on 16.7.1992 and on the basis of his interrogation, recovery of large quantity of fire-arms, ammunitions and explosive substances. (b) Hiring of C-3 Paresh Apartments and purchasing of building 4- A Usman Harum Society stay of Accused No.1 and another person in the said premises. (c) Stay of A1 and A2 at Aligarh. (d) A1 and A4 going together at Ahmedabad and Madras and their stay in various hotels. (e) Air Flight manifestos mentioning the names of A1, A2 and A4 for travels. (f) Evidence against A2-Mohd. Sharief. (g) Evidence against A3-Tahir Jamal. (h) Evidence against A4, Mohd. Saquib Nachan. (i) Evidence against A20, Shoaib Mukhtiar. (a) Recovery of large quantity of fire-arms, ammunitions and explosive substances: Prosecution has examined number of witnesses for establishing recovery of large quantity of fire arms, ammunitions and explosive substance from C-33, Paresh Apartments and 4-A, Usman Harun Society, Juhapura at Ahmedabad. It is the say of the witness PW9 PII.C. Raj, Ex.172 that in July, 1992 he was working as PSI at Chhani police station, Baroda. On 18th July, 1992, PW10 Mr. A.K. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant time he was S.P. (CID Crime), State of Gujarat in the police head quarters. On 23rd July, 1992 Mr. Hira Lal, Commissioner of Police, Baroda telephoned him in the evening and told him that accused Lal Singh arrested at Bombay had made certain disclosures regarding weapons and some explosives at some places in Ahmedabad and so he should contact DCP Mr. A.K. Singh Baroda who would dictate the details about the disclosures. Thereafter, Mr. A.K. Singh informed him that Lal Singh and his associates had lived at Ahmedabad for quite sometime at two places i.e. (1) C-33, Paresh Apartments, Narayannagar, Paldi and (2) 4A, Usman Harun Society, Jhuapura, Ahmedabad, and it was likely that arms, ammunitions and explosives were hidden in the said hideouts. He immediately contacted Commissioner of Police Mr. M.M. Mehta in his chamber who directed to work out the details and job of selecting a team. He selected PI Mr. D.S. Sangwan, Astodia police station for the job and the staff under his control. They located the places and reported to him. Thereafter, in the early hours of 24th July, 1992 he went to the areas with his team and after survey, he kept some persons for a watch as the areas were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the raid because he was required in Sessions Court in connection with one Sessions Trial but for sometime he had gone to Paresh Apartments after attending the Court and thereafter again he had gone to Juhapura at 1.30 p.m. At that time, weapons were found and the process of preparing panchnama was going on. Panchnama was over at about 12.00 mid night. Mr. Surolia directed him to lodge complaint, which is produced at Ex.551. It was sent for registration of the offence at Vejalpur police station. PW7 Mr. Tarun Kumar A. Barot, PSI, Ex.161 has stated that in July, 1992 he was working at Astodia police station. At about 12.30 at night Mr. Sangwan, PI, directed him to locate C-33, Paresh Apartments at Paldi and B.No.4A, Usman Harun Society at Juhapura. After locating those places, DCP Mr. Surolia and PI Sangwan were shown those places. In the morning, he had gone with two panchas at Paresh Apartments in a private vehicle. At that place, DCP Mr. Surolia was present and on his instructions the lock of the main door was broken in presence of the panchas. During the search of the flat following arms and ammunitions were recovered: - From Flat No.C-33: 1. AK 56 rifles 4 2. Pistols 2 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who accompanied him. Recovery of arms and ammunitions was noted in the panchnama and was signed by him. Nothing material has been found to disbelieve this independent panch. He has denied the suggestion that as a clerk he had occasions to go for inventory or for taking possession. He has admitted that he was doing seasonal business of crackers and kites on the footpath on the naka of his lane without licence. He stated that there was no occasion of any quarrel with police in connection with his doing cracker business. There is detailed cross-examination of this witness but nothing substantial is found to discredit his say. PW4 has stated that A1 and another accused had stayed in Paresh Apartments for 4-5 months. He further stated that the persons staying in C-33 Paresh Apartments used to bring Maruti Gypsy of sky blue colour and that he had not seen them after the raids were carried out. In view of the aforesaid evidence, it is apparent that prosecution has established beyond reasonable doubt that on the basis of interrogation of A1 Lal Singh at Bombay, by taking prompt action police recovered large quantity of arms, ammunitions and explosive substances. It is to stated that rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from Paresh Apartments and bungalow No.4A, Usman Harun Society would not in any way materially affect the seizure of the said articles. It was the prosecution version that in order to classify the weapons or to arrange them in category, the seals which were affixed at C-33, Paresh Apartments were removed and after classification of the arms and ammunition, they were re-sealed. We would also state that in the first part of the panchnama the recovery from the Paresh Apartments is mentioned separately and there is no reason to disbelieve the said part of the panchnama. In view of the overwhelming evidence it appears that before the learned Judge, the defence has not challenged the prosecution evidence qua recovery of arms and ammunitions from two premises but they contended that none of the accused can be linked with the alleged recovery or with the conscious possession of any of the two premises. Before the trial Court much comment was made with regard to the exhibition of the seized arms to the Press in presence of the then Chief Minister of the State of Gujarat. But in our view, exhibition of the said seized articles would not in any way adversely affect the prosecution version tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re handed over to them. He further stated that the amount of rent given to him alongwith ₹ 5000/- was for the month of May and Rajubhai came twice and paid rent for the months of June and July. Police raided the premises on 25th July, 1992 and his statement was recorded after 4 to 5 days at Ellis Bridge police station. Nothing material has been found in the cross-examination of this witness. He stood to the cross-examination with regard to the identification of A1 Lal Singh. PW1 (Ex.102) Tulsiram Govindram has stated that at the relevant time he was doing the business of embroidery and tailoring. He was also doing the work of Estate Broker. In the month of April, 1991, two persons contacted him for hiring a house. One introduced himself as Khanna and other as Raju. Both were speaking Hindi language. He took them to another broker Rohitbhai (PW2), who was his friend and after contacting Rohitbhai, Flat No.33, Paresh Apartments was let out to them at the monthly rent of ₹ 1200/- and on deposit of ₹ 5000/-. He has identified A1 in the Court as Khanna. Prosecution has further examined PW3 Kantilal Jesingbhai Chauhan (Ex.108) who was working as a Dhobi (Washerman) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1992. They decided to sell this house because they were in need of money. Hence, he informed Haidarbhai Kureshi, who was working as a broker, for the same. After sometime Haidarbhai called him at his residence where four persons were sitting. Out of those, one was Haidarbhai, other was Anwarbhaianother broker and remaining two persons were introduced to him as Mohd. Iqbal and Mohd. Salim. Ultimately, after bargain, the consideration for sale of the house was agreed at ₹ 53000/-. He identified accused no.1 as Iqbal. PW5 Hafdarhusain K. Kureshi (Ex.139) is a resident and owner of Bungalow No.1, Usman Harun Society at Vejalpur. He stated that Bungalow No.4A was in the ownership of Nizambhai Kureshi, who was staying at Juhapura and he wanted to sell the said house for a consideration of ₹ 60000/-. It is his say that he was broker of purchasing and selling houses and was also constructing the houses and one Anwar Beg used to bring the customers. He brought two persons namely Iqbal and Salim for purchase of the said house. Both of them informed him that they were having transport business and that their vehicles ply between Delhi and Ahmedabad. After preliminary talks, Niz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Shetty alias Bablu Shetty, who was dealing in sale and purchase of second hand vehicles at Bombay. The deal was settled for ₹ 1,75,000/-. ₹ 1,00,000/- was given cash and the remaining amount was promised to be given on sale of Maruti Gypsy, which was given to Daljit Singh Shetty for sale. The person who has signed as Ashok Kumar Khanna, buyer of the jeep was having sufficient height and was also well built. The other person accompanying Khanna was smaller in height. He was shown photographs Ex.255 for identification of purchaser of the jeep but he could not identify the person in photographs as one of the persons who came with Daljit Singh Shetty. PW67 Daljit Singh Tajinder Singh Shetty deposed that he is dealing in sales and purchase of new and old motor vehicles in the name of Shetty Motors at Koliwada, Sayan, Bombay. He has corroborated the evidence of PW64 and PW65 with regard to the sale of Mahinder Jeep to one Mr. Ashok Kumar Khanna for ₹ 1,75,000/-. He has deposed that Manish Agrawal (absconding accused) had paid ₹ 1,00,000/- in cash to Vinod Sharma (PW64). Manish had told him to get the vehicle transferred in the name of Vijay Kumar alias Ashok Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and explosive substances were found. (c) Stay of A1 and A2 at Aligarh: - To prove this fact, the prosecution has examined PW43 (Ex.308) Major Singh who admittedly knows A1 since years. He has inter alia stated that he was resident of village Virowal of district Jalandhar and was staying at Delhi with his family. His brother Harjeet Singh was serving in Indian Army in Arms Regiment No.73 and his other brother Mohinder Singh was driving taxi. He further stated that in 1978, he got passport and went to Rome, where he joined the service of Golden Union Shipping Company, as Assistant to Sailor. There he met ten other Indian boys including A1 Lal Singh who was a Sailor and who belongs to village Nawapind, Akalgadh. He served alongwith him till May, 1981. Thereafter, they were sent to India. Subsequently, he along with Lal Singh and others went to Bulgaria and joined services in other ships. It is his say that he served along with Lal Singh till January, 1984. Thereafter, he came back to India and started Taxi service. He has stated about the previous talks with Lal Singh, who was at Torranto, Canada. He has also stated that he was receiving telephone calls from Lal Singh from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s brother. He stayed alongwith him for three days and left for Bombay on 15th July, 1992. It is his say that he gave his name as Raju when he was at Gwalior. He further stated that Raju made telephone call probably at USA from one STD booth for which he paid charges. The witness has identified A1 as Raju who had been at his place as his guest. PW84 Mohd. Shakatali Saiyadyakubali (Ex.500) stated that he is a resident of Dodhapur, Aligarh. In the year 1991, he was running a STD/PCO booth in Shop No.2 on first floor of Barulla Market. He was having STD and ISD facility. He stated that one Javed was running shop in the name of Kashmir Corner nearby his shop. Javed was making trunk calls to Srinagar from his PCO. In November, 1991, Javed alongwith 2 to 3 persons came to his PCO and requested to allow them to make trunk calls, on his (Javeds) responsibility of making the payment. On inquiry, one of those persons told his name as Iqbal Khan and another as Javed. They were also making international calls. Initially, they were paying cash. Later on, they were using this facility on credit. He has proved some teleguard slips, which prove the trunk calls made by the above persons. He has iden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs of accused No.1, Lal Singh, also wrote (Q.3) Ex.317, which is entry No.1567 of guests register of hotel Sidhdhartha Palace dt.29.2.1992, (Q.4) Ex.240 which is entry No.2058 dt.3.3.1992 in the name of Iqbal Ahmad in entry register No.3 of hotel Butterfly, and (Q.8) Ex.316, which is Bill of hotel Sidhartha Palace, Ahmedabad. The writer of S.56 to S.105Ex.464, which are 50 writings of accused no.4, Mohd. Saquib Nachan, also wrote (Q.2) Ex.315, which is entry No.1566 of guests register of hotel Sidhdhartha Palace in the name of Mohd. Hamid dt.29.2.1992, (Q.6 Q.7) Ex.480, which are entries No.1351 and 1352 dt.2.7.1992 of Arrival-departure register of hotel New Woodland, (Madras), and (Q.9) Ex.314, which is carbon copy of cash memo in the name of Mohd. Hamid. The writer of S.147 to S.184 Ex.466 and 499, which are specimen writings of accused no.3, Tahir Jamal, also wrote (Q.15 and Q.16) Ex.602 and Ex.603, which are the torn pieces of letter. As per opinion Ex.578, the writer of S.1 to S.55, Lal Singh, also wrote (Q.6A) Ex.259, which is entry in the register of hotel Royal, Sarkhej, (Ahmedabad). Further, as per opinion Ex.579, the writer of S.185 to S.223 Ex.399, which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dentified as Lal Singh. Likewise, Saquib Nachan, accused no.4, the writer of specimen writings S56 to S105, Ex.464 wrote (Q.2) Ex.315 which is entry no.1566 of guest register of hotel Sidhdhartha Palace dated 29.2.1992 and (Q.9) Ex.314 which is bill of hotel Sidhdhartha Palace, Ahmedabad. Both these exhibits bear the signature of Mohd. S. Hamid, who was identified as Saquib Nachan. PW30 Mohd. Javed Ex.258Manager of Hotel Royal, Sarkhej, Ahmedabad stated that Iqbal Ahmed visited the hotel alone on 3.3.1992 at 11.00 a.m. and he checked out at 6.30 p.m. on the very day. He proved the visit of Iqbal Ahmed on seeing the entry No.206, Ex.259 made in the hotels register. He further proved the bill no.129 Ex.260, which shows that ₹ 100/- were charged from the customer Iqbal Ahmed. He identified A1 Lal Singh as the person who visited the hotel as Iqbal Ahmad on the relevant day. The handwriting expert opined that the signature on check-in and check-out entries Ex.259 made in the register of the hotel in the name of Iqbal Ahmed bear his signature. The next witness PW25 Gulam Haidar (Ex.239), Partner of Butterfly Hotel, Ahmedabad has stated about the way of maintaining the record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disbelieve the evidence of PW88. PW79 Vishwanathan Ex.479 Receptionist of Hotel New Woodland, Madras stated about visit of A1 and A4 in their hotel under the name of Mohd. S.A. and Kishore Kumar on 2.7.1992 at 6.00 p.m. He further stated that both the persons left the hotel on 4.7.1992. On seeing the entries Ex.480 made on page no.131 of arrival register of the hotel, he stated that both the above persons were allotted room nos.1351 and 1352 respectively. Both the entries bear signatures of both the customers. He has identified accused no.1 and 4 as the persons who stayed in the hotel. He stated that accused no.4 is the same person who had written entries in the arrival register of the hotel. PW116 has given positive opinion (Q.6 and Q.7) pertaining to entries, Ex.480, made in the arrival-departure register of the hotel, which were written by Mohd. S.A., who was identified as accused no.4. To prove the visit of A1 and A4 at Madras, the prosecution has further examined PW97 Shrinivas Samugham, who was Security Guard at Stock Exchange Building, Madras between December, 1990 to September, 1993. He stated that on 3.7.1992, he was on duty at visitors gallery on 4th floor of the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TRP of Manzoor Ahmad (accused no.2) issued on 8.10.1991. He has produced Ex.338, which is visa application and bears his stamp and signature; Ex.444 TRP and Ex.445 is disembarcation card. Ex.445 card was tendered before him by the passenger and he put his stamps on the same. He had also put the R.P. No.36740 dated 8.10.1991 on the card. PW82 Shyam Prahlad Huilgol, Controller Reservation, Bombay has been examined by the prosecution to prove that passengers Chaudhari Ikbal and Manzoor Ahmad had travelled from Bombay to Calcutta by flight No.IC-175 (Bombay Calcutta) dated 12.12.1991. He was controller of that flight on the relevant day. He has proved the manifest Ex.496 and that Chaudhari Ikbal and Manzoor Ahmad had travelled at Sl. Nos.62 and 35 respectively. PW71 Mrs. Pushpa Shantaram, a Senior Traffic Assistant of Indian Air Lines has stated that she had prepared passengers manifest, Ex.452 of flight No.IC-133 (Bombay-Ahmedabad-Indore-Bhopal-Bombay) and that two passengers named Mohd. S. (A4) and Ikbal M (A1) had travelled from Bombay to Ahmedabad by that flight on 29.2.1992. Similarly, PW35 Nikhil Mahendrakumar Bhavsar, Traffic Assistant of Indian Airlines, had made the manifest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in his genuine name. After reaching Delhi, he stayed at Qureshi Guest House. Thereafter, he returned to Pakistan in February, 1991. He again entered into India on 12th March, 1991 through Attari Border on a new passport. Again he stayed at Qureshi Guest House. He returned in April, 1991. Pakistan MI gave him training in three phases. Thereafter, he came to India on 8th October, 1991 by PIA flight under the assumed name of Manzoor Ahmed and on a new passport. At Bombay he stayed in Hotel Kalpana at Grant road. Thereafter, he went to Aligarh. He returned back to Pakistan on 8th November, 1991. Again he along with Lal Singh left Pakistan for going to India on 11th December, 1991 by Sri Lankan Flight. After reaching Bombay, they went to Calcutta by flight and subsequently went to Aligarh on 14th December, 1991 by train. Finally, he came to India on 7.6.1993. On 9th June, 1993 he reached New Delhi. When he was leaving for Nepal, he was arrested on 18th June, 1993. To prove the entry of A2 Mohd. Sharief in India in the month of March, 1991, the prosecution has examined PW52, Ex.334 Mr. Surendrasingh Kartarsingh Kadian, who was serving as Upper Division Clerk in the Ministry of External A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to Guest House on 16.3.1991 and left on 5.4.1991. Thereafter, Mohd. Sharief again visited the Guest House on 10.4.1991 and left on 15.4.1991. He again arrived at Guest House on 20.4.1991 from Madras and left on 21.4.1991. Entries in this regard were made in the register of Guest House. He has further stated about visit of Furkan Ahmad son of Mohmad Ismail and Khurshidabegam, the alleged relatives of Mohd. Sharief, to the Guest House on 26.3.199 and of Mohd. Ashfak on 21.4.1991. On that day, Mohd. Sharief was not having money with him. Mohd. Ashfak assured the Guest House officials including PW51 that he will make the payment within couple of days. Thereafter, Mohd. Ashfak was arrested and the amount due to Mohd. Sharief was deducted from his (PW51s) salary by the owner of the Guest House. He has identified A2 as Mohd.Sharief, who had stayed in his guest house. Further, as stated earlier, his stay at Aligarh is also established by the evidence of Major Singh PW 43 and PW 86 who was running a computer course at Aligarh. (g) Evidence against A3, Tahir Jamal:- Tahir Jamal, A3 in his confessional statement has stated that he worked in SIMI as President, Secretary and Treasure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in almirah ₹ 1,00,000/- should be given to Saquib and the balance may be kept back. It was also conveyed that there were 1700 pounds in the almirah which should be kept safe. Thereafter, he was arrested by the police from his village. His statement gives the account of income and expenditure incurred in the activities. The fact of recovery of 1700 pounds and substantial cash is mentioned in the statement. The opinion of hand writing expert PW116 as regards Ex. 602 (Q.5) and 603 (Ex.6) is positive. PW83 Gulamhasa Habibulla Ahengar was working as a Branch Manager of J K Bank at Ahmedabad and in his presence the specimen hand writings of A3 were taken. He has identified A3 as the person who had executed the specimen writings in his presence at Karanj Bhavan, Ahmedabad. PW135 Jafar Jamal Ex.676 is brother of A3 Tahir Jamal and a resident of Millatnagar, Andheri (West), Bombay. His native village is Luniadih of District Azamgarh, UP. He came to Bombay in 1982 and shifted to Millatnagar, Andheri (West). It is his say that he was staying in the flat belonging to his maternal uncles son. His maternal uncle was also having another flat. His brother Tahir Jamal was residing with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut their signatures on the same. He further stated that torn pieces of letter affixed on a plain paper are Ex.602. The two pieces of paper are Ex.603. He further stated that he formally arrested Lal Singh in this case i.e. RC.6-S/92. He has denied the suggestion that during police remand of Lal Singh any third degree method was adopted. Rather, accused Lal Singh had tried to cut his tongue by his own teeth and tried to hit his head with iron bars of lock up room. Doctor was brought for treatment of Lal Singh and two CBI officers were posted in the lock up room of Lal Singh for his safety. According to the prosecution, Tahir Jamal A3 was mainly dealing in financial transactions and as contact point. The amount of ₹ 90,000/- and 1700 pounds were recovered from his house. The prosecution has further led the evidence that on 12th August, 1992 Flat No.6/208, Almadina Apartments was raided by CBI officers and from that place they recovered some papers, diaries and the documents written by A3 Tahir Jamal. The relevant document upon which reliance is placed to connect A3 is Ex.602. It is in the form of a letter written in Urdu addressed to his brother Jafar Jamal. This letter inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qbal left for Madras by I.A. Flight. He and Iqbal stayed in Woodland Hotel. Next day they all surveyed the Stock Exchange Building and Iqbal told them in detail about his plan of blowing it up by means of a remote controlled bomb. Since, he was not feeling well, he expressed a desire to go to Bombay. Iqbal agreed to come with him and told him that whenever he has to contact him, he should ring up one Sharma in USA introducing himself as Raveesh. After some time he came to learn about Iqbals arrest in Bombay through newspapers. Apprehending his arrest, he absconded till he was arrested. Prosecution has established that A4 accompanied A1 at Ahmedabad and stayed along with him in hotels, that too in different fake names. Prosecution has also led evidence of his travels from Bombay to Ahmedabad and Ahmedabad to Bombay lending assurance to his confessional statement that he travelled by air from Bombay to Ahmedabad and from Ahmedabad to Bombay by producing passengers manifests. Flight coupon Ex.450 and Entry No.1567 in the guest register of hotel Sidhdhartha at Ahmedabad in the name of Mohd. S. have been proved beyond reasonable doubt by the prosecution in support of their case. Furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , they agreed to procure weapons for killing BJP/Hindu leaders/Police Officials in India so that they may strike terror amongst the people and alienate Muslims from Hindu community. Knowing their terrorist activities, on their request, sometime in the end of December 1991 or in the beginning of Jan. 1992 he had arranged accommodation for Lal Singh and Mohd. Sharief in the house of Amir Hassan at New Sir Syed Nagar, Aligarh. In 1992, he had arranged for another accommodation for them as the earlier was not found to be good by them. He stated that in the house of Lal Singh and Mohd. Sharief, they made plan to obtain fire arms for committing terrorist activities including killing of BJP leaders, Police Officials; to locate houses at different places in India for concealing weapons, for increasing terrorist activities in India and to recruit young boys for going to Pakistan for training in handling of weapons etc. In the last week of January 1992 or beginning of February 1992, Lal Singh, Mohd. Sharief and Salim informed him that large consignment of weapons was to be collected from Jodhpur and for collecting the weapons a truck was immediately required. Lal Singh gave him ₹ 10,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khalistan and A2, who is Pakistani national, was interested in separation of Kashmir and that A1 and A2 were interested in transporting fire-arms and explosives. His presence at the house of A1 in company of A2 at Aligarh and his meeting with A1 and A3 at Bombay is established by leading evidence of independent witnesses. PW43 Major Singh has specifically stated that along with A1 and A2, accused No.20 was also found at Aligarh at the house of Lal Singh. PW87 Sayeed Mohd. Azim Varasi, a Scientific Officer in Tarapur Power Project Group with Nuclear Power Project Corporation of India at Bombay has stated that he was knowing Shoaib Mukhtiar-A20, who is resident of Aligarh. He became friend of Shoaib Mukhtiar at Aligarh and during his study of B.Sc. Engineering, he took help from Shoaib Mukthiyar. In 1991, he shifted to Bombay. Whenever he used to visit Aligarh, he used to meet Shoaib. In December, 1991 he received a call from Shoaib in his office from Bombay asking him to contact his friend, Tahir Jamal, at Millatnagar. But since it was not possible for him to contact Tahir Jamal A3, they decided to meet at Bombay Central Railway Station. Shoaib Mukthiyar was there alongwith his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that there is some irregularity with regard to the recording of FIR it would not vitiate recording of his confessional statement. The report under Section 169 CrPC submitted in RC5/92 on 10.12.1992 has no bearing on the present case. Further, for this purpose there is evidence of PW56 Shamrav Baburav Jedhe, Sr. P.I. Crime Branch, CID, Greater Bombay, who stated that at the relevant time he was posted as Police Inspector in Anti Terrorist Squad, North Region, Bombay. In the year 1985, there was a bomb blast of Kanishka Air Craft in Canada and Lal Singh was wanted in that case and intelligency had provided photographs and other information of Lal Singh to them. On 15.7.1992, Mr. A. A. Khan, Addl. P.C. directed him to arrest Lal Singh, who was reported to be coming at Dadar Railway Station by Dadar-Amritsar Express on 16.7.1992 at 5.00 a.m. After due preparation, they apprehended Lal Singh outside Dadar Railway Station. Lal Singh told his name as Keshore Kumar. In the presence of two panchas namely Mohd. Imran and Stivan Fransis, he took personal search of Lal Singh and prepared panchnama Ex.350, which bears his signature and signature of both the panchas. The driving licence foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by A1, large quantities of arms and ammunitions etc. are found, it would be prudent and reasonable to draw inference of criminal conspiracy. The learned Sr. Counsel Mr. Sushil Kumar submitted that prosecution has not proved beyond reasonable doubt all the links relied upon by it. In our view, to say that prosecution has to prove the case with a hundred percent certainty is myth. Since last many years the nation is facing great stress and strain because of misguided militants and co-operation to the militancy, which has affected the social security, peace and stability. It is common knowledge that such terrorist activities are carried out with utmost secrecy. Many facts pertaining to such activities remain in personal knowledge of the person concerned. Hence, in case of conspiracy and particularly such activities, better evidence than acts and statements including that of co-conspirators in pursuance of the conspiracy is hardly available. In such cases, when there is confessional statement it is not necessary for the prosecution to establish each and every link as confessional statement gets corroboration from the link which is proved by the prosecution. In any case, the law requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WR Cr. 13 at p.19 there can be no canon. Each case presents its own peculiarities and in each common sense and shrewdness must be brought to bear upon the facts elicited. Learned senior counsel Mr. K.T.S. Tulsi appearing for A20, submitted that the trial court has given the benefit of doubt to 16 co-accused despite their confessional statements and there was no reason for the Court not to give benefit of doubt to A20. He submitted that confessional statement of A20 was recorded under coercion and torture and that confessional statement is having serious discrepancies. He also pointed out that presuming that A20 was found in the company of A1 at Aligarh or at Bombay, this would not indicate that he was involved in any criminal conspiracy with A1 or A2. It is his contention that confession of other co- accused cannot be used against the appellant. We have already dealt with confessional statement in earlier paragraphs and, therefore, we do not want to repeat the same. Confessional statements are held to be admissible in evidence. With regard to the confessional statement of co-accused, it has been held that it can be relied upon. The next question would be whether benefit of do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery and would depend upon facts of each case which are to be appreciated on the scales of common sense of a prudent man possessing capacity to separate the chaff from grain. In such cases, as stated by Lord Denning J., law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice. If it is established on record that A20 was found in company of A1 and A2 at Aligarh and that at Bombay also he had introduced himself as friend of A1 and A3 to PW87, who is his childhood friend, then it would be reasonable to infer that he was co-conspirator and assisting A1 and A2, as stated in his confessional statement. The learned senior counsel Mr. Sushil Kumar further contended that Rule 14 of the TADA rules was not followed in this case, which contemplates procedure of issuing warrant authorizing any police officer above the rank of constable to enter and search the place in the manner specified in the warrant and to seize anything found in or on such place, which the police officer has reason to believe, has been or is being, or is intended to be, used for the purpose of or in connection with any such contravention or offence. Power to issue sea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istered. In any case, for the purpose of safety if the muddamal articles are deposited at the police headquarters, it cannot be said that the recovery is in any way vitiated. The next contention that Rule 15 of TADA Rules has not been followed also does not carry any weight. For this purpose, we would refer to the evidence of PW128, PW132 and PW133. PW128 Satishchandra Rajnarayanlal, who was S.P., CBI II, Punjab Cell at New Delhi in 1992 stated that he registered the offence R.C.6-SII/92. He recorded the confessional statements of A1 Lal Singh Ex.620 and A3 Tahir Jamal Ex. 618 alongwith other accused. Before recording confessional statements, he ascertained from every accused whether they were voluntarily ready to give confessional statements. Necessary questions were put to them and time was given to them to think over the matter. After being satisfied that they were willing to give voluntary confessional statements, he recorded their confessional statements. PW132 Padamchandra Laxmichandra Sharma, who was SP CBI SIC.II at the relevant time stated that when he took over the charge of this case RC.6.(S)/92 from Mr. Satishchandra, this case was on the last phase. Dy. S.P. CBI, D. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in different hotels is also established. The purchase of Mahindra Jeep and Maruti Gypsy is also proved. Therefore, it cannot be said that the trial court erred in convicting him for the offences punishable under Section 3(3) and 5(1) of the TADA Act as well as Section 120B IPC and under Section 25 (1) (a) of Arms Act. (2) Against accused no.2, apart from his confessional statement, it is proved that he is a Pakistani national. He moved from one place to another in India. He stayed at Aligarh with A1 and in Qureshi Guest House at Delhi in different names during different period. Hence, there is no reason to discard his confessional statement that he was I.S.I. agent and that he was involved in terrorist activities and hatched conspiracy with A1. (3) For accused no.3, apart from proving his confessional statement, prosecution has proved that he was found in the company of A1 and A20 at Bombay. From his premises, the letter written by him (Ex.602 and 603) was found indicating his secret activities. (4) For accused No.4, apart from his confessional statement, it is proved that he accompanied A1 at Ahmedabad and Madras and stayed in different hotels in different names. He was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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