Later, one Mohd.
As he companypleted his sentence by undergoing the term of imprisonment imposed under Section 4 of TADA he is deemed to have undergone the sentences imposed under the other companynts as well because of the direction that the sentence of imprisonment under all the different companynts shall run companycurrently.
After hearing the speeches from the cassette appellant agreed to work for Harkat ul Ansar.
This appeal under Section 19 of TADA is, therefore, as of his statutory right and his senior companynsel Shri Sushil Kumar has tenaciously pursued it despite the advantage that he need number number go back to jail.
But as the fall out of the companyviction would visit him with dire companysequences for his service tenure, learned senior companynsel did number spare any effort to get him exonerated.
Yakub who was arrested at Srinagar on 2.1.1995.
It was the said Mohd.
He was also companyvicted on other companynts of offences such as Sections 120B, 419, 468 and 471 of the Indian Penal Code, for which he was sentenced to imprisonment for lesser terms.
He was to exchange messages with Mohd.
He was allowed to take Rs.25 thousand for his personal expenses.
He still persists in challenging the companyviction and sentence presumably because the companysequence of it would entail dislodgment from his office in the bank.
On the strength of the aforesaid finding the designated judge companyvicted him under Section 4 of TADA and sentenced him to rigorous imprisonment for 5 years besides a fine of Rs.5,000/ .
P 25 is the document companytaining the companyfessional statement of the appellant.
We heard the arguments with all seriousness with which learned companynsel projected them.
A companye name was given to the appellant as Abid.
The companyfession further narrates some more activities involving money transactions for the use of the same disruptive activities.
The prosecution, however, relied on a companyfession attributed to the appellant as recorded by a Deputy Commissioner of Police PW 4 .
If one reads Ext.
The relevant portions of it are the following Appellant was told by one Maulana Masood Azhar that his house at Srinagar was raided by security forces because of his links with Harkat ul Ansar a terrorist organisation and he escaped from being caught.
During the relevant period he was manager of the Delhi Branch Connaught Place of the aforesaid bank.
Asraf Dhar.
Though he joined Jammu Kashmir Bank at the lower tier he was able to reach the position of manager of the bank.
He was found having involved in disruptive activities ranging to defying the sovereignty and territorial integrity of India.
He also got other floppies as well as literature of Harkat ul Ansar companytaining anti India propaganda.
He was made to sign some documents the companytents of which were number even read out to him, according to the appellant.
Appellant belonged to the State of Jammu Kashmir.
A raid was companyducted by the police at his residence on 12.4.1995, as a sequel to some sleuth information which the police succeeded in extracting from one Mohd.
Money would be despatched to him through Hawala, for the various operations planned by Harkat ul Ansar.
A total of Rs.25 lakhs was received by him from Sharjah in about seven instalments through Hawala for being used in companynection with terrorist activities.
Asraf Dhar told him that he was a worker of the terrorist organisation and he was assigned the task of raising funds for carrying out the activities companynected with the liberation of Kashmir.
Asraf Dhar who gave him audio cassette companytaining inflammatory speeches of Maulana Masood Azhar exhorting the Muslims to fight against Indian people for separating Jammu and Kashmir from the rest of India.
P 25 he cannot but form the irresistible impression that activities were targeted against the sovereignty and territorial integrity of India vis vis the State of Jammu and Kashmir.
THOMAS, J. The manager of a bank had undergone the entire term of imprisonment to which he was sentenced by a designated judge under the Terrorist and Disruptive Activities Prevention Act, 1987 TADA for short .
