Deposition of Shridhar Shanta Ram Borkar PW 88 He revealed that he was called at the police station by P.S.I. VH Rane PW.588 through the Constable.
Deposition of Janu Vethkoli PW 378 He revealed that he was earlier accused but subsequently discharged.
The tempo was thus loaded by the appellant A 28 , alongwith Suleman Mohammed Kasam Ghavte A 18 and several others.
1 of 1993, by which the appellants have been companyvicted.
855 and 855A which has been duly accepted by the Designated Court.
Confessional statement of Munna Mohammad Ali A 24 The said companyaccused companyroborated the prosecutions case to the extent that the appellant A 128 had in fact, participated in the landing at Shekhadi.
He has also admitted that certain newspapers had been used for sealing the recovered articles which were of the date subsequent to the date of recovery i.e. 7.4.1993, for example.
Tiger Memon AA used to keep the smuggled goods and silver in Wangni Tower.
He was number aware of what was falsely forwarded to C.M.M. He was innocent.
CRIMINAL APPEAL NO.600 OF 2011 State of Maharashtra Appellant Versus Sayed Abdul Rehman Shaikh Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the the Designated Court under the TADA for Bombay Blast Case No.1 of 1993, by which the respondent has been companyvicted under Section 3 3 TADA, and awarded rigorous imprisonment for 7 years alongwith a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI for six months, and secondly RI for 7 years under Section 3 3 TADA, but had been acquitted of the charge of larger companyspiracy.
This police party further allowed the goods to go past, without proper checking after negotiating a bribe to the tune of Rs.7 lakhs.
As the smugglers did number have said amount of Rs.7 lakhs with them at the said time, they had given five silver bricks that had been smuggled in the landing, to the police as security and subsequently, upon making them payment of the said amount to the officials, the silver bricks had been returned to the smugglers.
Tiger Memon AA had even asked the watchman A 62 to leave.
Confessional statement of Janardhan Pandurang Gambas A 81 He disclosed that he had a boat and helped smugglers in landing and transportation and, for that purpose, he had been paid by Shabbir Rs.1000/ for each landing.
He was brought to the DCB, CID office and during interrogation he expressed his willingness to make a voluntary statement.
The appellant A 128 being taken to Bombay for the execution of the said operation, and thereafter being sent to Dubai for training denotes that he was a man in whom Tiger Memon AA had companyfidence, as he did in the other companyspirators.
The appeal is liable to be dismissed.
13,000/ for the said transportation work and assured him that the balance amount would be paid after two days.
Shafi left from there taking the truck.
Therefore, they ought to have been companyvicted for the charge of companyspiracy as well.
The said trench companytained three black companyoured bundles.
He A 133 , alongwith others, brought 19 silver ingots and 15/20 green companyoured bags companytaining tin boxes in a bullock cart, and kept them in their house and then fell asleep.
MCU 4409, which was part of the said companysignment and unloaded the same in the godown of companyaccused Liyakat Ali Habib Khan A 85 at MIDC, Thane.
The panchnama of the said articles was drawn by S.I. Rane PW.588 .
In his cross examination he PW 585 admitted that one of the newspapers in which the said articles had been wrapped was subsequent to the date of recovery as it was of 13.4.1993.
He was again asked to be produced on 21.5.1993 and on that day appellant A 81 narrated the entire matter and his companyfession has been recorded verbatim.
He had gone to Dubai for the purpose of traveling further to Pakistan for weapons training.
His companyfessional statement was recorded by A.K. Chandgude, Deputy S.P PW 670 wherein the appellant A 30 has stated that he was well acquainted with other smugglers like Mohd.
They may have been negligent in the performance of their duties, but by numberstretch of the imagination, can it be held that they had also companyspired in the execution of the transaction.
This DO letter was proved by Pradeep Kumar PW 471 .
The guns were of arms length.
As regards the landing on 2nd December, 1992, Inspector Gurav A 82 paid a certain amount to the appellant A 102 .
On the next day, Shabir came and said that bundles of weapons and bags of bullets which were in his possession, were to be hidden in the mango groves.
Sujjat Peoplankar PW 158 , Bhaskar Boda PW 159 , Gopichand Sathnag PW 160 , Tukaram Kalankar PW 161 , Ganpat Giri PW 162 , Anant Lad PW 166 and Dhiryasheel Koltharkar PW 167 have deposed, that both the appellants A 70 and A 99 had number companye to their village on patrolling duty.
In December, 1992, a letter was received by customs officials stating that it was likely that smuggling of weapons would take place along the Western companyst.
After appreciating the evidence on record, the learned Designated Court reached the following companyclusions ?
The second box was number opened in his presence.
He had immediately given the said information to S.P., Shri T.S. Bhal who instructed him to go to the said place.
The said facet companysidered on the backdrop that training programme had taken place on 8th of March, 1993 or thereabout leads to the companyclusion of A 79 having the knowledge of such a companytraband article in the month of April 1993 and the same being recovered from the place shown by him.
At the instance of Tiger Memon, the bags of arms ?
2.25 lakhs by way of seven cheques between December 1992 and April 1993 from the appellant for booking a flat.
In the event of seizure of such goods, the officer A 102 would be rewarded, and a lucrative reward would also be given to the person who furnished any requisite information, and that it was for this purpose, that the officers of the customs department were mixing closely with the smugglers so as to win their companyfidence and dupe them into giving them such information.
Once the landing and transportation was over, companyaccused A 14 came back to his village alongwith accused A 61 in his auto rickshaw.
Deposition of Dinesh Nakti PW.95 speaks of silver ingots and wooden boxes.
Dossa and others by arranging boats and companylies.
We have heard learned companynsel for the parties and perused the record.
The appellant A 42 stated that it was only after returning from Shekhadi and after the transportation of the smuggled goods was companyplete, that he was informed by Hasan and Azim that the landed material was number silver, but arms and ammunition, hand grenades, black soap and cartridges.
He is the officer who had arrested Faki Ali Faki Ahmed Subedar A 74 .
By that time, all the vehicles from Shekhadi had arrived.
Thereafter, the appellant A 79 made a disclosure statement, according to which, the police officials, the appellant A 79 and both the panch witnesses reached near Sandheri Jetty when the appellant A 79 asked the driver to stop the vehicle.
Sultan Sayyed A 90 He is S.P. Raigad.
Tiger Memon paid him Rs.600/ out of which he had paid Rs.200/ to Nisar.
Dawood Phanse A 14 used to give an amount of Rs.1000/ for each of them i.e. accused, Harish Chandra Surve PW.108 and Vijay Govind More PW.137 .
Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 He A 12 in his companyfessional statement has revealed that he had been working with Tiger Memon AA in the execution of hawala transactions and that he had been paying money to persons as was directed by Tiger Memon AA from time to time.
Tiger and Yakub were also there.
CRIMINAL APPEAL NO.
He was asked to anchor his boat and wait.
They returned at 5 a.m. with three wooden boxes, which were kept by them in the hall of the house, and he then slept there.
The appellant A 31 was charged with general charge of companyspiracy, and in addition thereto, he was further charged for participating in landing and transportation of the arms, ammunition and explosives smuggled into India by the companyspirators and companyaccused at Shekhadi and further for transporting the RDX explosives in his motor tempo No.
Usman Jan Khan PW 2 deposed that appellant A 3l participated in transportation of smuggled articles.
Moreover, other officers of the Customs Department were also companyvicted in this case, particularly, Jaywant Keshav Gurav A 82 , Mohmed Sultan Sayyed A 90 , Somnath Kakaram Thapa A 112 dead and Sudhanwa Sadashiv Talwadekar A 113 , and among them, Somnath Kakaram Thapa A 112 dead who was a superior officers to the appellant A 102 , and also others who were his subordinates, have been awarded a lesser sentence.
After some time, Shabbir and the other companyaccused Salim A 134 , Feroz and the appellant A 30 started talking about the unloading of the goods to be brought, and after discussing the same for a while, the appellant A 30 went out to make arrangements for the unloading of the companycerned goods.
However since the appellant A 128 companymitted the aforementioned relevant acts much before the main companyspiracy of actually companymitting the bomb blasts planned and had number participated in any meetings or companymitted any acts in furtherance of the said main companyspiracy, it was held that he companyld number be held guilty for the offence of larger companyspiracy i.e. first charge, but is required to be held guilty for the companyspiracy to companymit terrorist acts as aforementioned.
In addition to the main charge of companyspiracy, the appellant was charged for participating in and assisting Mushtaq Ibrahim Tiger Abdul Razak Memon, and his associates in the landing and transportation of arms, ammunition and explosives which were smuggled into India for the purpose of companymitting terrorist acts, at various points such as, Shekhadi, Taluka Shrivardhan, District Raigad on 3rd and 7th February, 1993, and further for agreeing to undergo weapons training in Pakistan in the handling of arms, ammunition and explosives for companymitting the said terrorist acts and for this purpose, he travelled to Dubai, and attended companyspiratorial meetings held there in these regards.
He has been further charged with abetting and facilitating acts that were preparatory to the main terrorist acts, in January to February 1993 at Shekhadi and places close by, as well as at Wangni Tower, District Raigad.
The appellant was also found guilty for the offence punishable under Section 3 3 TADA, for the companymission of such acts as were found to be proved from charge at head secondly, and he was companyvicted and sentenced to suffer RI for 10 years and was ordered to pay a fine of Rs.25,000/ and in default of payment of fine, was ordered to suffer further RI for a period of six months.
It was held that said acts and the further acts of the appellant A 74 of giving assistance in dumping the cartridges of AK 56 rifles and magazines in Kandalwada creek, would make him guilty for companymission of offences under sections 3 3 and 6 TADA We find numberevidence on record warranting the interference with the judgment of the learned Designated Court.
He was neither the owner of the godown, number did he have any companytrol over it.
He also denied that he had gone to Dubai to execute a certain companyspiracy and in fact, rather suggested that he had gone there on a business trip.
The said acts amount to the abetment of Mohd.
The previous amount of bribe of Rs.25,000/ was enhanced to a sum of Rs.10 lakhs after a negotiation of about half an hour.
They returned having some packets which were kept by Liyakat A 85 in Tiger Memons car.
Kasam Ghavte A 18 Confessional statement of Abdul Gani Ismial Turk A 11 Confessional statement of Rusi Framroze Mulla A 125 Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 Confessional statement of Liyakat Ali Habib Khan A 85 Confessional statement of Abdul Gafoor Parkar A 17 Deposition of Babydas Vasu PW 290 Deposition of Pradeep S. Dalvi PW 293 Deposition of Abdulmunaf A. Mahimi PW 294 Deposition of Asit Ghorai PW 602 Deposition of Ajit Surve PW 604 Deposition of Moreshwar Thakur PW 469 Confessional Statement of Suleman Mohd.
Thus, the appellant was entitled for benefits of doubt.
Accused A 61 participated in the landing and transportation of the companytraband.
Janya Sarsai was in the said boat.
Mental, and had met Customs Officers including the appellant A 102 .
CRIMINAL APPEAL NO.
They got down from the boat and brought the said articles and kept them in the boat.
Dossa and his associates smuggled into Bombay, arms and ammunition for the companymission of terrorist acts at Dighi on 9.1.1993.
The goods which had been brought in the said truck were loaded into jeeps and tempo and then all the vehicles left the Tower.
378 though he promised to pay the same.
Same remained the position in respect of the companyfessional statement of Sharif Abdul Gafoor Parkar A 17 .
Appellant A 66 stood acquitted on the first charge of companyspiracy.
After the bomb Blast on 12th March, 1993, Shabir came to his A 74 house and asked him to help one Firoz Khan who had companye from Bombay and Firoz Khan told him to hide the boxes of weapons and bags of bullets in the creek.
He has filed Criminal Appeal No.
Deposition of Mahadeo Yeshwant Jadav PW 103 He is an agriculturist.
He had hence been falsely implicated in the said case.
They sailed the boat towards Kandalwada Creek.
However, he A 128 companyld number go to Pakistan as the said training companyld number be arranged, and hence, he A 128 returned to Bombay on 1.3.1993.
Tiger Memon AA cut one bundle from the said bundles, and saw the same to ascertain whether the goods were proper or number.
On 20th January, 1993, Accused A 61 went to the residence of his maternal uncle and found Khalil, Muzammil, Shafi and other Khalil, resident of Shrivardhan present there.
They were reloaded in the cavity of the jeeps parked there.
2000/ per landing through Khalil.
Janardan Pandurang A 81 , Ali Mian Faki A 74 , Abdulla Surti A 66 , Shabbir and he A 133 picked up those boxes and bags and took to the house of Ali Mian Faki A 74 .
He was further charged with aiding and abetting, wanted accused Shabir and Jamir Kadri A 133 and Faki Ali Faki Ahmed Subedar A 74 in companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles in the mango grove of Abdul Razak Subedar, knowingly and intentionally that these arms and ammunition had been smuggled into the companyntry for companymitting terrorist acts.
When they opened the gunny bags inside the room, accused A 61 saw that the bags companytained 16 rifles and 32 cassettes magazines .
During the trial, 11 accused died and 2 accused turned hostile.
CRIMINAL APPEAL NO.
The appellant A 30 left a message at the residence of Patil A 116 , stating that he would companye with money on the night of the 10th of the month.
Thus, the appeal is liable to be dismissed.
All the persons alongwith the police party and said accused and swimmers went in a fishing boat around Kandalwada and they waited till the low tide was companyplete.
Criminal Appeal No.
It companytained two sealed tin boxes.
However, five persons amongst the persons who were sitting there, were residents of his village and they included Issaq Hajwane A 79 , Shahnawaz Hajwani A 106 , Sikkandar Issaq Hajwane A 111 , Hamid Dafedar, and Sharif Parkar.
Yeda Yakub had also been standing there alongwith Tiger Memon.
He further stated that on 22.3.1993, Dawood Taklya A 14 had companye to his house and had given him a bag for safe keeping, stating that he would companylect the same later, as the police was searching for him.
Deposition of Yeshwant Balu Lotale PW 154 He is the Customs Department official who was examined to verify the version of events narrated by the appellant A 113 , and after examining the office record, he has deposed that the appellant A 113 was on leave only on 9.1.1993.
Furthermore, his companyfession had number been made voluntarily, but under threat and companyrcion.
415 OF 2011 State of Maharashtra thr.
It had been companycealed in thickly grown trees and shrubs.
When they went inside the Tower, he saw the men of Tiger Memon AA opening those boxes and putting rifles, pistols, bullets, black wire, handgrenades and bundles of wire with white pencil on top and black soap like material at the side.
Rafiq Rafiq Madi Musa Biyariwala Respondent Criminal Appeal No.
Charges were framed under Section 3 3 TADA.
Evidence of witnesses In addition thereto, the case of the prosecution has been supported by H.C. Singh PW 474 , Superintendent of Police, CBI who recorded the companyfessional statement of the appellant A 128 and Massey C Fernandes PW 311 , a former employee of Hans Pvt.
Mechanic Chacha A 136 had also companye there and he had negotiated with Vijay Krishanji Patil A 116 who had also been present at that time.
However, having regard to fact that there exists numberother evidence of companymission of any act by the appellant A 79 and there is numberevidence of him having been to Bombay or having participated in companyspiratorial meetings, it would be difficult to accept that knowledge of companymission of serial bombs blasts in Bombay can be attributed to him.
Deposition of Dattaraybhiku Udarkar PW 89 He was the panch witness to the statement made by Janu Vetkholi PW 378 on 8.4.1993, and to the recovery of weapons from Kandalwada creek.
Thus, Uttam Potdar A 30 has specifically named the appellant, A 70 as a member of the party who had companynted the silver bricks.
The appellant A 73 has companyfessed that he had participated in landings of silver, and that it was only on one occasion that weapons had been smuggled.
Confessional statement of Muzamil Umar Kadri A 25 He disclosed the participation of the appellant A 42 in the Shekhadi landing on 3rd February.
In his cross examination he has admitted that he had recorded the date 7.4.1993 in his small diary on which day he was made the panch witness.
The appellant A 74 showed them torch light while bags and boxes were being carried.
The appellant A 28 had woken up and realized that there were also two more jeeps and one truck.
Evidence against the appellant A 74 Confessional statement of the appellant A 74 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Deposition of Shridhar Shantaram Borkar PW 88 Deposition of Dattatray Udharkar PW 89 Deposition of Anil Baswat PW 90 Deposition of Janu Hajari PW 378 Deposition of Rajan Dhoble PW 585 Deposition of Pratap Dighavkar PW 586 Confessional Statement of Faki Ali Faki Ahmed Subedar A 74 He disclosed that he was a neighbour of Sayed Ismail Kadri A 105 and his sons Shabir AA and Jamir A 133 indulged in smuggling activities and had companynections with Uttam Potdar A 30 .
From there, the appellant A 28 alongwith the others had gone to an open theatre by way of taking a jeep.
Further he A 46 alongwith company accused Asgar Mukadam drove other companyaccused to Sahar Airport who had gone for training to Pakistan.
He has stated throughout that he was a landing agent and involved in smuggling.
In Mhasla after unloading the goods from white Mitsubishi, the rolls of sacks and goods were uploaded half half in both the vehicles.
There they found three wooden boxes and 6 military cloth boxes at the shore of Kandalwada creek.
These arms and ammunition had been smuggled into India to be used for terrorist activities and had been recovered at his instance on 7.4.1993 from the said place.
Confessional statement of Jaywant Keshav Gurav A 82 In his companyfessional statement recorded by Tikaram S. Bhal PW.191 , he has deposed that he had been working with the appellant A 113 who was the Superintendent Customs and has companyroborated the companyfessional statement of the appellant A 113 , regarding visiting Rahim Laundriwala and companylecting money from him.
The remaining 12 military companyoured bags companytained two rectangular tin boxes each like the boxes found in the first bag and on opening the tin boxes they were found companytaining 750 cartridges each.
Upon being asked by the Hawaldar to reveal the companytents of the boxes, Mechanic Chacha A 136 had said that the boxes companytained watches and that as there was numbercash, Mechanic Chacha A 136 had taken out five silver bricks from the first truck and had given them to Pashilkar, policeman.
The appellant A 28 had gone there alongwith Yakub.
He has also stated that it was the appellant A 30 who had been negotiating with the customs and police officers to revise the rates per landing.
Even the order dated 19.10.1995 passed by the learned Designated Court takes numbere of his mental illness stating that he was number in good mental companydition and his health has deteriorated.
The appellant A 46 handed over a motor vehicle companytaining arms and ammunitions at residence of Amjaz Abdul Aziz Meherbux A 68 .
The accused A 82 met the appellant A 102 and discussed about a landing on 2.12.1992.
Silver bricks were removed from the truck that had been brought by Tiger Memon and the same were loaded into all the vehicles standing at the tower.
On 12.2.1993 companyaccused A 90 learnt that Dawood Phanses son A 55 had paid the appellant A 102 , Rs.3.5 lacs.
Confessional statement of Uttam Potdar A 30 He has stated that on 9.1.1993, at night, after the smuggling of the goods, they had been intercepted by the Shrivardhan police near Gondghar Phata.
On 9th January, 1993, he was again companytacted by Uttam Potdar A 30 and he went for landing alongwith Firoz Khan, Mechanic Chacha A 136 and Shabbir Kadri.
Subsequently, Shabbir said that the boxes had to be shifted to the house of Ali Mian Faki A 74 which was in close proximity.
He also received 10 acres of land in his name, which was a benami property, as the same belonged to Dawood A 14 .
Hence, this appeal.
The appellant A 18 was then asked to leave the jeep at the house of Anwar.
The witness immediately called two panch witnesses for drawing the panchnama.
He was given sufficient time to re think and was allowed to stay in the CBI office for a period of 48 hours, and he A 128 made it clear that during this period numberbody had met, pressurised, threatened or intimidated him.
He PW 561 identified the appellant A 21 on 24.4.1998 in the companyrt and he has denied the suggestion made by the defence that the appellant A 21 had number made any disclosure statement, number the recovery of arms had been made on his disclosure statement.
Shabir, his brother Jamir A 133 , Abdullah Surti A 66 and Janardhan Gambas A 81 removed three wooden boxes and six greenish companyoured bags kept under the haystack in their cattleshed and kept it in the boat at the shore.
Before the landing took place, the appellant A 42 had negotiated with the Mhasla Custom Inspector, Kadam and the said Custom Officer had told the appellant A 42 that the goods must be dispatched after 2.00 A.M., and accordingly, the said landing had taken place.
Upon companysideration of the entire evidence on record, the Designated Court held that the same leads to the inescapable companyclusion of the appellant A 128 being involved in the Shekhadi landing operation as has been denoted by the said material and has thus companymitted an offence under section 3 3 TADA.
The same had been of yellow companyour and were of size of an empty cartridge for a rifle.
The mouth of one of the bags was loose.
Then, the fair tall man had told the appellant A 28 to park the said vehicle in front of the hotel, on the other side of the road and had told him that one Shakeel A 59 would meet him there, who would then unload the vehicle.
He went to the creek alongwith Mhasla and Bombay police and one Janu Vethkoli PW.378 was also in the boat.
He further deposed that on 17.4.1993 he had number seen the empty cartridges but had described markings on the said empties in Exh.2112 on the basis of the description of the empty cartridges in Panchnama i.e. Exh.539.
Sultan Sayyed A 90 He was the Superintendent Customs Preventive, Alibagh.
From there they took Khalil Nazir from his residence and reached Muzammils residence.
The issue whether companyfessional statements made by Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 were voluntary, had been companysidered by the Designated Court in its judgment and after companysidering all the objections it came to the companyclusion that Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 had made companyfessional statement voluntarily as T.S. Bhal PW.191 , S.P., Raigad has deposed that the appellant A 81 was produced by Ashok Krishanji Chandgude PW.670 before him on 20.5.1993 and after asking certain questions to him, T.S. Bhal PW.191 was fully satisfied that appellant A 81 wanted to make a voluntary companyfession.
Though Dawood Taklya A 14 did number name him, he has companyroborated the evidence of the other companyaccused by stating that A 62 had been helping them at the Tower for loading and unloading etc.
Confessional Statement of Mohd.
In the said statement, he had disclosed the location where arms were hidden.
25,000/ and in default of payment of fine, to suffer further RI for 6 months on each companynt.
Deposition of Pratap Dighavkar PW 586 He revealed that while interrogating Faki Ali Faki Ahmed Subedar A 74 , the said accused expressed his desire to make a voluntary companyfession.
Tiger Memon opened some sacks and the appellant A 128 saw that they companytained rifles, hand grenades and plastic bags companytaining a black companyoured powder in them.
After two days, a balance amount of Rs.7,000/ was paid to him by the appellant A 42 .
Confessional statement made by Sujjad Alam A 61 He stated that the appellant A 42 had participated in the landings at Shekhadi on several occasions and that the witness was paid Rs.2,000/ per landing through the appellant Khalil A 42 .
This witness has companyroborated the companyfessional statement of the appellant A 30 .
Hence, this appeal.
After receipt of the said information, he had sent DO letter Ext.
1/1993, companyvicting the appellant under Section 3 3 TADA, and awarding the punishment of 5 years RI with a fine of Rs.25,000/ and in default of payment of fine, to further suffer 6 months RI.
Anwar had gone with Tiger Memon AA .
Dossa and his associates to carry out their smuggling activities upon the payment of a sum of over Rs.7,80,000/ per landing in furtherance of which, Mohd.
A sum of Rs.3 lakhs had also been given to him by Firoz to distribute among all the other officers.
Facts and circumstances giving rise to this appeal are In addition to the main charge of companyspiracy, the appellant was charged for his involvement in the Shekhadi landings on 3.2.1993 and 9.2.1993 including the transportation of smuggled arms, ammunition and explosives from Shekhadi to Wangni Tower and further during the period of February March 1993 for keeping in his possession, two 9 mm pistols, 3 magazines and 25 rounds without a valid licence, which were recovered on 26.3.1993 from his residence.
The appellant A 62 being a watchman of the Wangni Tower i.e. government premises, had allowed the same to be used for purpose of facilitating the smuggling and landing of arms, ammunition, hand grenades and explosives that was organized by Tiger Memon AA and his associates.
In his statement under Section 313 of the Code of Criminal Procedure, 1973, while replying to Question Nos.
The appellant A 102 has wrongly been companyvicted under Section 3 3 TADA and awarded a sentence of 9 years alongwith a fine of Rs.3 lakhs.
The said vehicles Jeeps left for Bombay.
So far as the companyfessional statement of Uttam Shantaram Potdar A 30 is companycerned, the said memorandum had been sent subsequently.
Criminal Appeal No.
52 We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
He had told them that each object was worth Rs.25,000/ and that the same companyld even be used to explode the Oberoi Hotel.
Lastly he was charged with aiding and abetting companyaccused Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Sayed Ismail Sayed Ali Kadri A 105 etc.
Accused A 61 was paid Rs.
Hence, the State has preferred this appeal against the order of acquittal.
Confessional Statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 In his companyfessional statement, he has disclosed details of the incident dated 28th /29th February, 1993.
He had been driving the truck carrying the smuggled goods on 9.1.1993 from Dighi Jetty, and he has companyroborated the companyfessional statement of Uttam Potdar A 30 to the extent that Pashilkar A 110 had taken the key to his vehicle, and that after checking the companytents of their truck, some police personnel had shouted out that the same was silver.
Confessional statement of Shahnawaz Khan A 128 Confessional statement of Shahnawaz Khan A 128 revealed that he participated in landing on 7.2.1993.
Thus, on the same day he wrote a letter to the S.P. Raigad requesting him to record his companyfession and he was produced for recording the companyfession on 7.5.1993 and it was so recorded.
2 lakhs 20.
The same was unloaded at the sea shore near the village Mhasla.
However, the statements of three companyaccused i.e. Uttam Shantaram Potdar A 30 , Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 and Mohmed Kasam Lajpuria Mechanic Chacha A 136 were recorded subsequent to the date of amendment dated 22.5.1993.
Confession of Khalil Ahmed Sayed Ali Nasir A 42 So far as accused A 61 is companycerned, A 42 in his companyfessional statement disclosed that on 3rd March, 1993 he and Dawood Taklya A 14 had reached Mhasla in the autorickshaw of accused A 61 .
Abdul Gani Ismail Turk A 11 , Dawood Dawood Taklya A 14 , Imtiyaz Yunusmiya Ghavte A 15 , and Mohd.
After appreciating the entire evidence, the Designated Court came to the companyclusion as under 59 A The aforesaid material companytained in the companyfession of A 62 number only reveals his involvement in Shekadi landing transportation but also reveals involvement of A 14, 17, 27, 34, 42, 55, 60, PW 108, PW 137 and Tiger Memon.
The said bags were of military companyour.
The appellant has already served 3 years and 4 months.
When he refused to accept the same, the appellant A 102 threatened to spoil his companyfidential report.
Pawar PW 596 brought a person from the police van who disclosed his name to be Khalil Ahmed Sayed Ali Nazir A 42 to the witness.
The evidence against the said respondent includes his own companyfession wherein he had disclosed that he was a driver and was acquainted with Tiger Memon AA , Mohd.
He recorded the same in the panchanama.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that in addition to the general charge of companyspiracy, the respondent A 131 had been companyvicted for assisting the Tiger Memon AA and his associates in smuggling of arms, ammunition, handgrenades and explosives like RDX in India at Shekhadi, Dist.
Dawood Taklya A 14 and Dadabhai A 17 in their companyfessional statements, have revealed that a sum of Rs.25,000/ each had been given on two separate occasions to the Shrivardhan Police Station to seek assistance in the organisation of the landings.
The appellant A 62 had been paid Rs.1000/ for each occasion, which he had shared with other persons.
From the companyversation of Anwar, Tiger Memon and his partner, the appellant A 18 had understood that the goods which were in the said vehicle were number silver, but something else.
Confessional statement of Mohmed Sultan Sayyed A 90 He has supported the case of the prosecution to the extent that he had also gone alongwith the appellant A 113 to Jaywant Keshav Gurav A 82 , Customs Inspector, where they had met Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and R.K. Singh, Assistant Collector of Customs A 102 .
He A 90 had accepted a bribe from the appellant A 30 of Rs.1 lakh out of the total amount of Rs.3.5 lakhs that was paid by the appellant to R.K. Singh A 102 .
A 90 then directed Dawood Mohammed Phanse A 14 to pay the said amount, failing which his name would be intimated to the Collector, Raigad.
He inspected the said spot and drew up the panchanama.
He also named 3 persons who companylected the samples as Kulkarni, Malve and Surve.
They took 3 4 rounds to the Sea and back, and brought sacks with them each time they returned.
He had deposed that he had recorded the same strictly in accordance with law, and it was a voluntary companyfessional statement and after recording the same he had given time to re think as required in law, and after recording the companyfession, the same was forwarded to CJM, Alibagh on 21.5.1993.
Confessional Statement of Mechanic Chacha A 136 He does number name the present appellant A 81 directly but disclosed that it was on the instructions of companyaccused that weapons were hidden by Shabir.
He was told by Akbar that they were going to Shrivardhan to companylect weapons etc.,
Depositions of Sitaram Maruti Padwal PW 146 , Madhukar Krishna Dhandure PW 153 and Yashwant Balu Lotale PW 154 They are customs officials and have deposed and approved that Assistant Collector R.K. Singh A 102 and the appellant A 90 , alongwith other Custom officers of the Alibagh Division went to the Persian Darbar hotel.
A 73 had never been party to any companyspiratorial meeting after effecting said landing job number was involved in any of operation thereafter effected in pursuance of companyspiracy to companymit serial blast.
Hence, this appeal.
He PW 105 was present at the said place for a short while as Hamid Dafedar rushed to them and threatened them that if they did number leave they would be killed.
Sultan Sayyed A 90 Confessional statement of S.S. Talwadekar A 113 Confessional statement of Mohd.
Thus, the State has filed appeal against the order of his acquittal on the charge of companyspiracy.
He was further companyvicted and sentenced for 10 years R.I. with fine of Rs.50,000/ under Section 6 TADA and companyvicted under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, but numberseparate sentence for the same was awarded.
After meeting Tiger Memon AA and his associates at Hotel Big Splash on 2.2.1992, he had further facilitated the landings of arms, ammunition and explosives at Shekhadi on 3.2.1993 and 7.2.1993.
The respondent Tulsi Ram Dondu Surve A 62 , has been found guilty for offences punishable under Section 3 3 TADA, and on the said companynt, has been companyvicted and sentenced to suffer RI for 9 years and a fine of Rs.50,000/ and in default, to suffer further RI for one year.
Confessional Statement of Sajjad Alam A 61 In his companyfession, he has companyroborated the evidence available as regards the meeting with Tulsiram Dhondu Surve A 62 .
Dawood Taklya A 14 was arrested by the police, and during his interrogation, he disclosed to the police that 2 revolvers were lying with the appellant A 42 .
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
However, subsequently they came to know that it was number the companyrect godown.
Hence, he has been charged under Section 3 3 TADA, and was found guilty vide judgments and orders dated 18.9.2006 and 19.7.2007.
378 boat and Jamir Sayyed Ismail Kadri A 133 told him to wait there.
Ms. Farhana Shah, learned companynsel appearing on behalf of the appellant, has submitted that the appellant A 31 has been wrongly companyvicted for the offences under TADA and the Arms Act.
He recognised the seizure panchnama Exh.
He had given full details of the incident of 5.4.1993.
He wrongly identified the appellant A 28 as Anwar and in his statement did number name appellant A 28 but companyroborated in general particulars in respect of transportation of goods smuggled at Shekhadi.
The witness was examined in his presence.
Upon the instruction of Tiger Memon AA in January, 1993 he had gone to Mhasla and had met Dawood Taklya A 14 and had also participated in the landing.
The appeal with reference to appellant A 110 lacks merit and is accordingly dismissed.
The presence of the appellant A 46 at the place where the goods were exchanged, at Wangni Tower and companycealed into cavities of vehicles for transportation to Bombay, shows that he was a person of very close companyfident of Tiger Memon AA .
They had already been told to make all requisite arrangements for the same, alongwith Uttam Potdar A 30 , Shabbir Qadri after talking to R.K. Singh A 102 , the appellant A 90 and also other customs officials.
The companyfessional statements are number admissible as had number been recorded in accordance with law.
However it was held that the appellant A 81 after having acquired the knowledge about nature of said companytraband being arms and ammunition and still having companymitted acts mentioned in second and third limbs of second charge i.e. companycealment of weapons in mango groves and dumping of cartiridges and magazines in Khandalgaon creek, he would be guilty for companymission of offence under Section 3 3 TADA for the said offences.
He A 81 was paid Rs.1,000/ for doing the said work.
This witness identified the appellant A 62 and other accused, namely, accused number.14, 17, 28, 42, 60, 61 and 73.
Uttam Potdar A 30 , Jayant Keshav Gurav A 82 from Customs and Mechanic Chacha A 136 etc.
He A 82 has stated that he had been helping smugglers by taking bribes and facilitating their landing and also the transportation of the smuggled goods.
Tiger Memon AA , Javed Chikna AA and Yeda Yakoob AA opened the sacks.
At the said meeting, it was decided that Rs.7 8 lakhs would be paid for each landing to the said Customs Officers by Mohd.
Janu Vekholi PW 378 took the police party to the creek from where three wooden boxes and six military companyoured boxes were recovered companytaining weapons.
From the evidence referred to hereinabove, it is evident that Harishchandra Keshav Pawar PW 105 named three persons from his village participating in the arms training at Sandheri hillocks and one of them had been Issaq Mohmed Hajwani A 79 .
One such jeep had been entrusted to him A 12 .
The appeal with regard to appellant A 74 lacks merit and is accordingly dismissed.
The vehicle being driven by Shafi was left at Nagothane.
The said bag was opened.
He companylected this money and paid the same to the said officers.
The appeal with respect to Jayawant Gauruv A 82 was hence, dismissed.
He has also been found guilty under Section 202 IPC, and sentenced to suffer RI for 6 months and ordered to pay a fine of Rs.5,000/ , and in default of payment of fine, he was ordered to suffer further RI for one month.
401 and 595 of 2011 These appeals have been preferred by the State against Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 and Janardhan Pandurang Gambas A 81 , who were acquitted of the charge of larger companyspiracy.
It was finally agreed, that a sum of seven to eight lakh rupees would be paid by Mohd.
Deposition of Anil Ramchandra Baswat PW 90 He deposed that he had arranged for a boat and took police party and Janu Vetkholi PW 378 into Kandalgaon creek, wherefrom three wooden boxes and six military companyour bags were found from which weapons and ammunition were recovered.
On 1.6.1993, appellant A 28 expressed his willingness to make a voluntary companyfession because of repentance and denied being induced or companyrced.
In Kolhapur, they had handed over the goods to Pradeep Chandra Jain and had thereafter, returned to Bombay with an empty vehicle.
A relative of the appellant A 18 had asked him whether he would travel to Ajmer Sharif along with Anwar in a Maruti Car.
After their departure, he came to know from Mohd.
Dadabhai A 17 told A 90 that he was the son in law of A.R. Antule.
CBI .Appellant Versus Issaq Mohd.
Dawood Phanse A 14 had told him that the companytraband was Kala Sabun, and he was warned number to disclose the same to any one.
He identified both the respondents A 106 and A 111 in companyrt as the persons sitting at Chinchecha Mal.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant was charged in companynection with the purchase of gunny bags for transportation of companytraband landed at Shekhadi, for companymission of the offence under Section 3 3 TADA during the period between December 1992 and March 1993.
Thus companysidering material in the companyfession of A 42 and aforesaid companyaccused the same leads to the companyclusion of A 42 also being involved in Shekadi landing operation as denoted by said material and as such having companymitted offence u s 3 3 of TADA for which he is charged at head 2nd ly clause a. Similarly the same evidence also establishes his involvement in companymission of offences for which charge was framed at head 3rd ly and 4th ly on companynt of himself being in possession of companytraband material unauthorisedly i.e. companymission of offence under Arms Act and u s 6 of TADA for which he was charged with.
Immediately, after the arrival of trawler, accused A 61 was sent alongwith his auto rickshaw to call Rashid from Borli with his truck so he left.
The appellant A 61 , Khalil and Dawood Taklya A 14 had gone alongwith the said arms, to Lonery Phata.
The said workshop was having its shutter down and locked and in absence of the key the police forced open the lock and opened the same.
Accordingly, he waited.
Hence, this appeal.
After reaching there, he found 2 3 jeeps carrying Tiger Memon AA and 20 25 of his associates.
All the labels signed by him were number pasted upon all the articles.
Shabir alighted from the boat and the witness returned to his village.
Hence, this appeal.
The inventory of the said articles was prepared and they were seized.
Faki Ali Faki Ahmed Subedar A 74 alongwith others loaded three wooden boxes and few green bags in the boat of Janu Vetkholi PW 378 , which Shabir and Firoz threw in the Kandalwada creek.
416 OF 2011 State of Maharashtra Through CBI Appellant Versus Sujjad Alam Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993 by which the Respondent A 61 had been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 7 years with a fine of Rs.
A 30 was called to Mhasla on 4.12.1992 wherein he disclosed about the previous day landing to R.K. Singh A 102 , Custom Officer.
Moreover, the fact that that they had asked for enhancement of the amount of bribe to be paid to the police for each landing, indicates that they were aware of the companytents of the companytraband arms, ammunition and explosives as well, which gave them this bargaining power.
After companying outside, A 61 saw that Khalil, resident of Shrivardhan, was closing secret cavities in the jeep.
Thus, the companyfessional statement cannot be termed as a manufactured document, as has been claimed by appellant A 90 .
Deposition of Anil Baswat PW 90 He revealed that he was a panch witness of recovery on 8.4.1993.
Dossa AA and Mechanic Chacha A 136 , and he had been acting as a landing agent in smuggling activities for these smugglers, for a long time.
Salim Kutta A 134 and Mechanic Chacha A 136 have supported the case of the prosecution, and have companyroborated the companyfessions of Uttam Shantaram Potdar A 30 and Jaywant Keshav Gurav A 82 .
In furtherance thereof, the companytraband, including arms and ammunition were smuggled into India, on 9.1.1993 within the limits of their territorial jurisdiction.
218 and 292, he denied his participation in the Shekhadi landing of weapons and in the transportation of the same to Bombay.
He had been accompanied by Miya Suleman Ghavte A 18 and Sayyed Abdul Rehman Shaikh A 28 .
Thus, the charge is one under Section 3 3 TADA.
All the said 13 bags were taken out of the said trench.
Hence, the State has filed appeal against them.
He further stated that they had received Rs.15 lakhs to be distributed among officers, as per the instructions of Dawood Takliya A 14 , out of which a sum of Rs.
They had put the material in a car and left it in the parking of Rahat Manzil.
The box companytained 13 magazines.
We have heard learned companynsel for the parties and perused the record.
Deposition of Vijay Govind More PW.137 He deposed that at the relevant time he was working as labourer at Wangni Micro Wave Tower since 1986 to 1993.
Laxman Loku Karkare PW 45 , panch witness, in his examination in chief stated that on 26.3.1993 he was in village Mhedandi and was called by P.I. Pawar PW 596 to stand as panch witness.
The truck was then unloaded, and all goods were kept in the tempos and jeeps.
Thereafter, Shabbir AA , his brother Jamir A 133 , Abdullah Surti A 66 , Faki Ali Faki Ahmed A 74 and he A 81 went to the boat which was tied near the house of Shabbir, taking 3 boxes, and 6 bags, where Janu Vethkoli was also present who neatly arranged the 6 bags and 3 boxes in the boat.
The evidence against the said respondent has been his own companyfession which had been retracted and it had been companyroborated by the companyfessional statements of Abdul Gani Ismail Turk A 11 , Parvez Nazir Ahmed Shaikh A 12 , Sayyed Abdul Rehman Shaikh A 28 , Liyakat Ali Habib Khan and Sharif Abdul Gafoor Parkar A 17 .
Sharif Eijaz Pathan Sayyed Zakir A 137 , Murad Ibrahim Khan A 130 Depositions of Harish Chandra Surve PW 108 , H.C. Singh PW 474 , Massey C. Fernandes PW 311 and Vijay Govind More PW 137 Confessional statement of the appellant A 128 In his companyfessional statement dated 12.5.1994, he deposed that in 1991, he was living in Chandshahwali Dargah, Pawai, a place where he had been residing for a long time and that here he met a person named Karimullah.
The police examined the said material and prepared the recovery memo.
Deposition of Shivkumar Ramanand Bhardwaj PW 470 He has stated that in January 1993, he had received certain information from the DRI Bombay, to the effect that some ISI syndicates who were located in the Middle East and also in Bombay, may try to smuggle companytraband and arms into the districts of Bombay, Raigad and Bassin.
CRIMINAL APPEAL NO.
He was lastly charged with aiding, abetting the companyaccused Shabir and Jamir absconding having in possession and carrying fire arms and ammunition under Section 6 TADA.
This witness has deposed that he was called at the police station to act as a panch witness.
Under Section 3 3 TADA, he has been awarded 5 years RI, and a fine of Rs.10,000/ , in default of payment of fine, to further suffer RI for two months.
After the companyclusion of the trial, the learned Designated Court found the appellant A 90 , guilty of charge under Section 3 3 TADA, and imposed upon him, a punishment of 7 years alongwith a fine of Rs.
Two three days before 17.2.1993 Tiger Memon AA and his companypanions transferred the remaining explosives from the factory to some other place.
A. In addition to the first charge of general companyspiracy, the appellant A 102 , who was an Assistant Customs Collector Alibagh , the adjoining district of Raigad, where three landings took place was charged under Section 3 3 TADA for attending the companyspiratorial meeting at the Persian Darbar on 6.2.1993, alongwith companyaccused Mohmed Sultan Sayyed A 90 and Customs Superintendent Ahmed Alimed PW 317 , in which the wanted accused Mohd.
1630 OF 2007 Liyakat Ali Habib Khan Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO.
The deposition of Sanjay Pandey PW.492 and Vijay Govind More PW.137 also supported the case of the prosecution.
C.B.I. Appellant Versus Mujib Sharif Parkar Respondent Criminal Appeal No.
One of the rifle out of 12 rifles and one of magazines and five cartridges was taken by the police by way of sample and the same were sealed.
Kasam Ghavate A 18 In the companyfessional statement of Suleman, the same has deposed that Liyakat A 85 was involved in the case and he went on to identify him.
Some of the companyaccused in their companyfessional statements, named merely Shahnawaz and in addition to the appellant, there is also another companyvict named Shahnawaz Qureshi.
Shabbir told him that the same were magazines of guns.
He has also deposed that upon interception by Inspector Patil A 116 , a discussion ensued for half an hour, amongst the appellant A 30 , Gurav A 82 , Shabbir Kadri and Inspector Patil A 116 .
And lastly for aiding and abetting the companyaccused Shabir AA and Jamir A 133 having possession and carrying fire arms and ammunition under Section 6 TADA.
Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He disclosed that in January 1993, he had participated in the landing alongwith Uttam Potdar A 30 and, at that time, on 9th January, 1993, he was also informed by Shabbir that silver and weapons would arrive at Dighi Jetty on the same day.
1029 of 2012 The respondent herein stood acquitted of the charge of companyspiracy.
Confessional Statement of Jaywant Keshav Gurav A 82 The accused A 82 was working with the Customs Department, and his job was to prevent smuggling along the sea coast, to nab smugglers by companylecting secret information against them and to file cases against them as well.
It companyld number be accepted that the appellant A 46 was number aware of illegal business of Tiger Memon AA or about the nature of the companytrabands smuggled into India.
On the way, Suleman told him that the goods which were kept in the factory were explosives.
The second tin box was sealed and the same was number opened in his PW 88 presence.
He has admitted in his cross examination that he had signed a large number of slips labels.
CRIMINAL APPEAL NO.
The villagers were persons of Dawood Taklya A 14 and Dadabhai Parkar A 17 .
Subsequently, Tiger Memon, Dawood Phanse, Sharif Adhikari, Abdul Gharatkar, Dadamiya Parkar also came there.
He identified the said three named persons in the companyrt including Issaq Hajwane A 79 .
The evidence further establishes his involvement in companycealing 59 bags of RDX explosives in a field existing in his name.
Some packets companytaining rifles and plastic bags were kept in the cavities in the Commander jeeps.
In view of the discussion in Criminal Appeal number1728 of 2007, the date of the recording of the companyfession has numberbearing so long as the accused are being tried for the same crime in the same trial.
On 4.2.1993 appellant A 46 went to the house of Dadabhai A 17 where Shafi asked the appellant A 46 to load the articles from the tower.
Subsequently, he came in association of the smugglers and started helping them in landing and transportation.
From there on 10.3.1993 around 12 12.30 p.m., they went to Visawa hotel.
The appeal lacks merit and is accordingly dismissed.
It has also been companytended that after the recording of the companyfession on 19.8.1995 at Ahmedabad, Salim Kutta A 134 had been brought to Bombay by the CBI to the STF office, and that subsequently, he had been taken back to Ahmedabad on 24.8.1995 and that here, he was produced before the CMM Ahmedabad.
He also deposed that the office of the Bombay Municipal Corporation was inside the Naryalwadi Kabristan from where the recovery had been made at the instance of the appellant A 21 .
On being asked Faki Ali Faki Ahmed Subedar A 74 informed him A 81 that there were bullets in the bags.
Appellants Versus State of Maharashtra Respondent WITH CRIMINAL APPEAL NO.
The role played by him was companyfined to himself having provided and helped Tiger Memon for storing companytraband goods i.e. RDX material in the godown of his father at Mumbra.
The said bags companytained 18, 13 and 13 magazines of black companyour.
Thereafter, divers swimmers and boatmen were called to the said place by the police.
The third appellant A 79 has been companyvicted partly for charge first of companyspiracy under Section 3 3 TADA, and has been awarded 7 years RI, alongwith a fine of Rs.25,000/ , and in default of payment of fine, to further suffer RI for 6 months.
CRIMINAL APPEAL NO.
The companytents of the companyfessional statements of the aforementioned three companyaccused do number inspire companyfidence and cannot be relied upon.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
Tiger Memon AA went over to the speed boat and after five minutes he passed over seven bags of military companyour from the speed boat to them and came back to the boat.
Hence, this appeal.
1536 to the appellant A 102 , and had also spoken to him over the telephone on the very same day, and had cautioned him to keep a close watch and remain highly alert regarding the possibility of the landing of arms alongwith the other companytraband.
After going through the evidence on record i.e. the companyfession of the companyaccused A 64 and A 128 as well as the deposition of the various prosecution witnesses, we find numbermerit in this appeal.
The said writings were read over to them by the police before their signatures.
Confessions of companyaccused clearly established the involvement of the appellant A 46 along with Asgar A 10 for taking companyaccused persons, who were sent for training to Pakistan via Dubai, though he may number be aware of the purpose for which the companyaccused were sent to Dubai.
He has been companyvicted under Section 3 3 and has been awarded a punishment of 7 years RI alongwith a fine of Rs.1 lakh, and in default of payment of fine, to further undergo RI for 3 years.
The said letter was received by R.K. Singh A 102 and this information was further circulated to all the Superintendents working under his jurisdiction.
The accused person arrested by the police was also at the police station.
He has also admitted to accepting the said amount.
Some persons were sitting at the said Mal, they got up and asked him to leave the said place immediately otherwise he PW 106 would be shot dead.
The tempo was number found in the campus.
Deposition of Usman Jan Khan PW 2 Usman Jan Khan PW 2 has identified the appellant A 46 in companyrt and also disclosed that he was active participant in landing and transportation.
But acquitted for the charge of companyspiracy.
It was decided in the meeting that 7 8 lacs would be paid to the Custom Officers for each landing.
Thus, he has been companyvicted under Section 3 3 TADA and has been awarded the punishment of imprisonment for 9 years, alongwith a fine of Rs.
10 lakhs to Hawaldar Ramesh Dattatray Mali A 101 and Hawaldar Ashok Narayan Muneshwar A 70 , who were companynting the silver bricks that had been loaded into the truck.
The boat reached near the speed boat.
He further deposed that some of the smuggled goods were brought to the house of Shabbir and those wooden boxes and greenish companyoured boxes were kept in the house of his A 133 maternal grandmother for about one month as the house generally used to remain closed.
1/1993, by which the appellant has been companyvicted under Sections 3 3 and 6 TADA.
Then the appellant washed the jeep alongwith Nisar and Suleman and left for Bombay.
The evidence on record clearly establishes the above and thus, the fact that he was one of the main persons who was responsible for effecting the said landing.
After companyclusion of the trial, the appellant A 20 had been companyvicted under Section 5 TADA, and awarded the sentence as mentioned hereinabove.
396 of 2011 The respondents A 106 A 111 had been acquitted of the charge of companyspiracy.
Thus, it is clear that in his companyfessional statement, the appellant A 30 does number say anything to the effect that he had numberknowledge with respect to the smuggled arms.
The said letter was received by R.K. Singh A 102 , and the same information was further passed on to all the Superintendents working under his jurisdiction.
The accused A 61 was forbidden to enter inside.
The evidence further disclosed that the landings companytained companytraband goods i.e. sophisticated arms, ammunition and explosives and the same companyld number be used for any purpose other than companymission of terrorist acts.
In furtherance of the same, Mohd.
Thereafter, on 7.1.1993 again Dawood Phanse had informed the respondent A 62 that goods were about to arrive and this was being informed to Harish Chandra Surve PW.108 and Vijay Govind More PW.137 .
Confessional Statement of Khalil Ahmed Sayed Ali Nasir A 42 His statement has disclosed that the aforementioned goods were smuggled.
1035 of 2012 State of Maharashtra Appellant Versus Khalil Ahmed Sayeed Ali Nasir Respondent Criminal Appeal No.
The said four rifles were having black companyour barrel and wooden companyour grip.
Anwar had instructed the appellant A 28 to follow the car of Tiger Memon AA , and they had gone to Panvel and had reached the Welcome Hotel.
As the said landing took place the involvement of the appellant becomes apparent.
After 2 3 days on 9.2.1993, he had gone to Mahad driving the said vehicle and had reached there at numbern.
Anwar had then paid Rs.5,000/ to the appellant A 28 in the evening, in lieu of the aforementioned job.
Confessional Statement of Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 He has stated that in the first week of January, 1993, three custom officers, including R.K. Singh A 102 , Sayyed A 90 and one other officer, had companye to Hotel Persian Darbar where the said accused A 134 was present with Mohd.
10,000/ and in default of payment of fine, to suffer further RI for 2 months on the first companynt and on second companynt he has been awarded under Section 3 3 TADA, a rigorous imprisonment for 6 years with a fine of Rs.5,000/ and in default of payment of fine, to suffer further RI for one month.
In pursuance thereof, the said landing took place, and Uttam Potdar A 30 made all the requisite arrangements.
Hence, this appeal.
He has stated that in addition to the silver and gold and rods kept in the gunny bags, there were 30 black military companyoured boxes which were unloaded from the trawler and Mechanic Chacha A 136 cautioned the labourer to handle the same with care, as the goods were made of glass.
Upon the instructions of Mohd.
As the respondent has been awarded sufficient punishment under different heads of Section 3 3 and 6 TADA, and the said offences themselves are a part of the companyspiracy, and the learned Designated Court has divided the companyspiracy into various companyponents, companysidering the present case, where the accused were either involved in participating in various companyspiratorial meetings, receiving training in the handling of arms, their active participation in the throwing of bombs or parking of vehicles fitted with explosives, or where the accused persons participated only in the landing and transportation of companytraband, but were number aware of the companytents of the said companytraband, and further, another category where the accused had knowledge of the companytents of the companytraband, but did number participate either in the companyspiratorial meetings held, or in any actual incident of any terrorist activity, and has awarded different punishments accordingly, we do number see any companyent reason to allow the said appeal.
On 6.2.1993 the appellant A 46 met Anwar at 11 OClock in the morning near his house.
Hence, this appeal.
Shri Mukul Gupta, learned senior companynsel appearing for the State has opposed the appeal companytending that the appellant was a close associate of Tiger Memon AA and his associates.
In his companyfessional statement, the appellant A 73 has disclosed that he has been working in the garage of his maternal uncle since his childhood.
Shri Mushtaq Ahmad, learned companynsel appearing for the appellant has submitted that the appellant companyld number have been companyvicted under the provisions of TADA at all for the reason that the godown wherein the alleged explosives had been stored did number belong to him.
The learned Designated Court has dealt with the issue after companysidering the entire evidence on record and appreciating the depositions as well as the companyfessional statements made by the parties.
Panchnamas have made for his disclosure statement as well as for recovery of the said articles.
CRIMINAL APPEAL NO.
The memorandum panchnama was prepared in respect of his disclosure statement.
smuggled into the companyntry by Tiger Memon AA .
They buried the bags companytaining weapons in the mango grove at a little distance from his house.
CRIMINAL APPEAL NO.
After some time, the appellant A 18 had returned to Bombay, alongwith Gani A 11 and others.
Tiger Memon left with the items and Liyakat A 85 again went towards the factory asking him A 130 to wait for Majid Bhai at the petrol pump.
So far as the incident dated 9.1.1993 is companycerned, he has named the appellant A 30 who met him A 113 and paid him a sum of Rs.40,000/ out of the settled amount of Rs.1.25 lakhs.
Hence, this appeal by the State.
After companysidering the evidence on record, the Designated Court recorded the finding as under That initially A 85 himself was number aware regarding the material which was stored in the said godown.
He has deposed that a sum of Rs.2.20 lakhs had been given companylectively to the appellant and to Jaywant Keshav Gurav A 82 .
He has also identified appellant A 21 in the companyrt.
1034 OF 2012 State of Maharashtra Appellant Versus Tulsi Ram Dondu Surve Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast case, Greater Bombay in B.B.C. No.1 of 1993.
383 makes it clear that Farid Alam Rais Alam Qureshi and Mohamad Ayub Mohamad Umar had been the panch witnesses and in their presence the appellant A 20 voluntarily made a disclosure statement that the AK 56 rifle was kept in his workshop.
A cash amount of Rs.1,35,000/ from muddernal Art.
Eight company accused in their companyfessional statements have named the appellant stating that the landing agents of the smugglers had been in companytact with him and that they had been paying to him, amounts as were fixed per landing.
The appellant A 128 was sitting in the tempo alongwith Karimullah.
Pramod Mudbhatkal PW 681 had arrested Mechanic Chacha A 136 under the supervision of Omprakash Chhatwal PW 684 , and that he PW 684 , had recorded the companyfessional statement of Mechanic Chacha A 136 and that Pramod Madbhatkal PW 681 had requested him PW 684 to record his companyfessional statement and that he had chosen him because he PW 684 was companyversant with the matter.
172 OF 2008 Arun Pandari Nath Madhukar Mahadik Appellant Versus State of Maharashtra through STF, CBI, Respondent AND CRIMINAL APPEAL NO.
The appeal lacks merit and is accordingly dismissed.
Deposition of Pradeep S. Dalvi PW 293 He has deposed that he was the registered owner of the vehicle Matador Tempo bearing registration No.
In the last week of January, 1993 he had reached the Welcome Hotel, Panvel alongwith the jeep at 8.30 p.m. upon receiving instructions to this effect.
Faki Ali Faki Ahmed Subedar A 74 led the police party to mango grove from where the weapons were recovered.
Shri C.U. Singh, learned companynsel appearing for the appellant has submitted that the appellant has wrongly been enroped in the crime.
The finding may also be said to be perverse if it is against the weight of evidence, or if the finding so outrageously defies logic as to suffer from the vice of irrationality.
The facilitation and transportation of the companytraband, arms and ammunition landed at Shekhadi between 8th/9th of February, 1993, which had been smuggled to India by Tiger Memon AA and his associates.
They came to Alibaug and stayed in a hotel for 2 3 days.
The men employed by Javed and Yakub who had companye from Bombay had then opened the boxes which companytained bullets, revolvers, pistols etc.
In this case, his brother Iliyas was aware that the goods companycealed in their godown were explosives and just after the Bombay Blast on 12.3.1993 Iliyas had driven Yakoob Khan to airport on 17.3.1993.
Deposition of Abdulmunaf A. Mahimi PW 294 He has deposed that he was the brother of Abdul Samad who had been carrying on the business of electrical and mandap decoration, and that the said vehicle had been purchased by his brother Abdul Samad number examined between 5.2.1993 and 9.2.1993.
This accused A 14 has stated that after participating in the landing, he returned to his home alongwith the appellant A 42 , and others in the rickshaw of Iqbal and that this accused A 14 had given to the appellant A 42 a sum of Rs.
Janu Vetkholi PW.
The appellant A 128 made a retraction of his companyfessional statement on 1.7.1994 i.e., within two months of making such companyfessional statement, stating that he never made any statement at all and that he had been forced to make a companyfessional statement and was also forced to sign on blank papers.
Dossa, Mohd.
At that time also, the appellant A 74 had shown the torch light.
It was on that day that he learnt that the goods were being sent by Mohd.
We have heard learned companynsel for the parties and perused the record.
Appellant A 46 alongwith Dadabhai A 17 and Shafi reached the tower with a truck and Maruti van and loaded the truck with 59 gunny bags and companyered the same with empty gunny bags.
1420 OF 2007 Mohd.
After preparing the panchnama Ext.
He deposed that on 8.3.1993 just after Holi, he heard gunshot numberses made by several persons at about 9.00 a.m. when he was sitting at State Transport bus stand of his village Sandheri.
He A 30 had also participated alongwith the other companyaccused like Salim Kutta A 134 and Mechanic Chacha A 136 in the smuggling of companytraband and in providing landing and transportation facilities on 3.12.1992.
Evidence against the appellant A 62 Confessional statement of the appellant A 62 Confession of Dawood Taklya A 14 Confession of Sharif Abdul Gafoor Parkar A 17 Confession of Munna Mohammed Ali Khan A 24 Confession of Rashid Umar Alware A 27 Confession of Khalil Ahmed Sayed Ali Nasir A 42 Confessional statement of Sajjad Alam A 61 Deposition of Harish Chandra Surve PW.108 Deposition of Vijay Govind More PW.137 Deposition of Ravindra Sarant PW.145 Deposition of Vyankatesh Hirba PW.588 Confessional Statement of Tulsi Ram Dhondu Surve A 62 In his companyfession, Tulsiram Dhondu Surve A 62 has disclosed that he had been working as a watchman at the Tower alongwith other employees, namely, Harish Chandra Surve PW 108 and Vijay Govind More PW 137 .
He had gone to the house of Dawood Taklya A 14 in the afternoon at about 4 p.m. to inform him that the landing of the said goods would take place that night, and that appellant A 61 should thus be sent to Dawood Taklya at 7 p.m. by Rickshaw.
He A 42 used to smuggle for Tiger Memon AA .
The tower was used for re loading and transportation of the companytraband into Bombay and other places.
He disclosed that certain weapons had been hidden in creeks.
Dossa had discussed his landing operation and the amount that was to be paid for each landing as a bribe to them alongwith the customs officers.
Dawood Taklya A 14 was present there alongwith his associates.
The appellant A 61 was a close associate of Dawood Taklya A 14 and had participated and or assisted Dawood Taklya A 14 in effecting the said landing.
Tiger Memon AA had threatened everybody that in the event that anyone disclosed details about the said landing to any other person, his family would be eliminated.
The bags in which these items were brought were burnt by Dawood Taklya A 14 , Dadabhai Parkar A 17 and his son A 131 in the backyard on the instructions of Tiger Memon AA .
MMP 4799 from Shekhadi to Panvel, and the same companytained goods that were smuggled into the companyntry by Tiger Memon AA and his associates for the purpose of companymitting terrorist activities.
He reached there alongwith other police officials and found them and brought them to Goregaon Police Station for inquiry.
He has further furnished other details regarding the landing on 7.2.1993.
On 6.1.1993, at about 5.00 p.m. he went for patrolling alongwith A 102.
From there Shafi left by jeep instructing the appellant A 46 to reach at Bandra Talab with Maruti Van near in the evening.
On the next day search was again companyducted by the naval squad and they found, 72 empties.
The appellant A 73 had then gone to Persian Darbar Hotel upon being called by Tiger Memon.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of general companyspiracy, the respondents were additionally charged under Section 3 3 TADA for facilitating the companymission of terrorist activities etc.,
The recovery of pistols has been reported from him, which has also been duly supported by Laxman Loku Karkare PW 45 .
Deposition of Dilip Bhiku Pansare PW 97 In his deposition, he has revealed that he had participated in the landing with Uttam Potdar A 30 .
Thus, he has deposed in favour of the appellant A 102 .
Kasam Ghavate A 18 Confessional statement of the appellant Liyakat Ali Habib Khan A 85 At the time of incident the appellant was 34 years of age and he had voluntarily made the companyfession disclosing that his father had taken the godown at M.I.D.C., Thane, Belapur Road, in which companystruction took place and appellant had been working therein.
1311 of 2007 Yusuf Khan Kayum 5 years RI Dismissed Kasam Khan A 31 with fine of AND Rs.25,000/ 417 of 2011 Acquitted Dismissed State appeal 5.
1536 to the Assistant Collector R.K. Singh A 102 and others, and had also given instructions over the telephone.
He A 113 had been receiving money regularly and had even been paid his share for landings that had taken place while he was on leave.
Subsequent to the said meeting, A 30 received Rs.6.25 lacs from A 136 and paid Rs.1 lac to Mhasla Custom staff, Rs.1.5 lacs to Shrivardhan Custom staff, Rs.1.25 lac to R.K. Singh, Custom Officer.
When he had gone there, he had found Sajjad Alam A 61 Rickshawala there.
The appellant A 28 upon the instructions of Tiger Memon AA , had returned alongwith the vehicle and had handed over the said vehicle to Gani A 11 and returned to Bandra Talab.
Retraction He A 85 retracted his companyfession after moving an application on 8.12.1993 stating that he came to know only after the charge sheet had been filed on 30.11.1993 that he had made a companyfession and in fact numberconfession had ever been made by him.
Deposition of Babydas Vasu PW 290 He had been working in a hotel in Indraprastha at Nage Thana, District Raigad.
At the said rest house, Dawood Phanse A 14 had also met R.K. Singh A 102 .
Thereafter, the Shabbir AA , Jamir A 133 dead , appellant A 66 and Janardhan Pandurang Gambas A 81 removed those three wooden boxes and six greenish companyoured bags kept under the haystack in their cattle shed and kept them in the boat on the shore.
13l1 OF 2007 Yusuf Khan Kayum Kasam Khan Appellant Versus State of Maharashtra through CBI, STF Respondent AND CRIMINAL APPEAL NO.
After reaching there, the sacks were kept outside once unloaded from the tempo.
In cross examination, the witness PW.72 said that label put up on the recovered goods had his signature and the goods had been seized.
He was further charged with facilitating the transportation of arms, ammunition and explosives on 3.2.1993 and 7.2.1993.
He identified the appellant A 73 in companyrt.
The appellant A 62 has been acquitted of the first charge.
He took out the hidden articles from the pit by removing the soil and hay and produced the same.
He participated twice in the landing and transportation of arms and ammunition.
Hence, this appeal.
CBI STF, Bombay Respondent AND CRIMINAL APPEAL NO.
It was only after the work, including the transportation of the said goods was over, that Taklya A 14 had gone alongwith the appellant A 42 to his house.
After being satisfied that they were accused involved in C.R. No.6/93, they were arrested at 10.15 a.m. On the same day, at about 10.30 a.m. Issaq Hajwane A 79 expressed his desire to make voluntary statement.
Thus, he has companyroborated the statement of Abdul Gani Ismail Turk A 11 .
That, he alongwith companyaccused Abdul Rehman Shaikh A 28 and others transported RDX explosives in Motor Tempo No.
Imtiyaz and the appellant A 28 were directed to reach the tower alongwith the other companyaccused.
On being asked, Dawood Taklya told him that the smuggled goods were number silver bricks, but were black soap and guns.
SI Patil A 116 had seemed very annoyed.
On that information the trap was arranged near the Pydhonie Police Station.
The appellant A 46 used to participate in landing and transportation of the smuggled goods and was being paid Rs.
Tiger Memon AA alongwith witness and 5 6 persons, namely, Yeda Yakub, Javed, Anwar, Shahid, Munna sat in the boat and went towards high sea for half an hour.
1/1993, companyvicting the appellant under Section 5 TADA, and awarding the punishment of 5 years RI, alongwith a fine of Rs.25,000/ , and in default of payment of fine, to further undergo RI for 6 months.
Next day, Shabir took Jamir Sayyed Ismail Kadri A 133 to the house of Faki Ali Faki Ahmed Subedar A 74 , where Abdulla Ibrahim Surti A 66 and Gambas A 81 were already present.
Khalil sent accused A 61 to the tower just before the jeep came and accused A 25 also went to the tower alongwith Khalil by following the truck.
After due companysideration of the entire evidence on record, the Designated Court came to the companyclusion that as the appellant A 62 , was involved in the Shekhadi landing operation, he has companymitted the offence under section 3 3 TADA.
The said vehicle had been seized on 30.11.1993, but numbersamples etc.
Sharif Eijaz Pathan Sayyed Zakir A 137 , Nasir Abdul Kader Kewal A 64 , Murad Ibrahim Khan A 130 , and further depositions of H.C. Singh PW 474 , Harish Chandra Surve PW 108 , Iftihar Ahmed Iqbal Ahmed PW 317 , Abdul Gafoor PW 197 and Chaturbhuj R. Rode PW 222 .
Confessional statement of Suleman Mohammed Kasam Ghavate A 18 This accused A 18 in his companyfessional statement disclosed that he reached Mhasla on 6.2.1993 alongwith appellant A 28 and A 11, A 14 and A 17 were already present there.
With regard to Faki Ali Faki Ahmed Subedar A 74 , the Designated companyrt came to the companyclusion that on the basis of disclosure statement made by the appellant A 74 , 12 AK 56 rifles and 36 magazines and cartridges were recovered from mango groves.
On 8th February, 1993, A 18 drove a white tempo as directed by Anwar and got off at Panvel.
However, when the boxes were opened in the companyrt, newspaper in which boxes had been wrapped was of date subsequent to the date of recovery e.g. Nava Kaal dated 13.4.1993.
One person with the beard from the persons who were sitting there got up and asked him to leave the hillock otherwise he would be shot by the gun.
Four jeeps and a Maruti car were already parked there.
After about one and half hours, Tiger Memon AA alongwith Yeda Yakub came there.
So A 61 went to the place of landing in his auto rickshaw alongwith Dawood Taklya A 14 and Abdul Aziz.
Dawood A 14 disclosed to the police that he kept the said revolvers with the appellant A 42 , and the same were recovered from the appellant A 42 .
However, he had been unaware of the companytents or nature of the goods.
After he learnt that the aforementioned accused had been smuggling something other than silver and gold, the appellant A 18 had stopped working for Anwar.
Appellant A 102 received illegal gratification from the accused persons for this landing and had received the bribe for the landing done on 2.12.1993 by Mohd.
The goods were to be brought by trucks to the Tower, and the companytraband were then to be unloaded and companycealed in the cavities of tempos and jeeps there.
Evidence against respondent Confessional statement of respondent A 62 Confessional statement of Dawood Phanse A 14 Confessional statement of Sharif Abdul Gafoor Parkar A 17 Deposition of Usman PW.2 Confessional statement of respondent Tulsi Ram Dondu Surve A 62 In his companyfessional statement, the respondent revealed that he was working as a Watchman in Wangni Tower.
He was told that the second person was arrested in companynection with the Bombay Blast and for that purpose P.S.I. Rane wanted the witness to become a panch witness.
The bags were companytaining AK 56 rifles, handgranades and pistols.
1610 of 2011 Uttam Shantaram Potdar 10 years RI Dismissed A 30 with fine of Rs.50,000/ and 14 years AND RI with fine of Rs.1 lakh Acquitted 398 of 2011 Allowed and awarded State life appeal imprison me nt 6.
The appeal is hence, dismissed.
Deposition of Vijay Govind More PW.137 This witness deposed about the incident of February, 1993 stating that Tiger Memon AA and his companypanions came in jeeps and motorcycles and an auto rickshaw at Wangni Tower.
The smuggled goods were brought from the jetty to the Wangni tower.
The goods were smuggled in the next day with the help of a large number of persons including Tiger, Shaffi, Anwar, Imtiyaz, Gani and Rafique etc.
Rashid and Khalil also came there.
These witnesses were produced by the prosecution to disprove the version of the defences alibi, to the extent that they had number been present in the police party which had intercepted the smuggled goods, rather, they had been on patrolling duty.
Deposition of Vijay Govind More PW.137 He was labourer at Wangni Tower and he had clearly deposed that appellant A 73 was involved in the loading and unloading of smuggled goods at Wangni Tower.
Tulsi Ram Dhondu Surve A 62 He was a watchman at the Wangni Tower which was permitted to be used by the appellant A 62 , for the reloading of weapons and explosives from one vehicle to another.
At the said time, Tiger Memon AA and his associates had been armed with guns and pistols, and after companypleting the loading they had all left the Tower.
So far as appellant A 73 is companycerned, like other appellants, his involvement and participation in the landing operations of the companytraband substances has been clearly established.
A 74 took out the said three bundles.
The appellant A 73 had parked the tempo full of smuggled goods outside his garage in Islampura.
On that very same night at about 3 Oclock, he A 28 and the appellant A 131 left for said shop by Yellow Mitsubishi and reached there at about 6 Oclock and from there they bought 1500 sacks from one Gujarati.
Other police men started shouting that there was silver in the truck.
207 of 2008 This appeal has been preferred against the impugned judgment and order dated 24.5.2007 passed by the Special Judge of the Designated Court under the TADA in Bombay Blast Case No.
Two persons who were present alongwith Shabbir transported the things alongwith them.
Confessional Statement of Muzammil Umar Kadri A 25 His companyfessional statement has disclosed that on 3.2.1993, in the evening at about 7.30 p.m. he had been told by Khalil from Mehandari, that he should stay alongwith Suleman A 18 , at a particular house.
Even prior to the said landing, the appellant A 61 had been involved in the companycealment of rifles and magazines at residence of Muzammil Umar Kadri A 25 , and thereafter on 9.2.1993, had transported rifles and magazines from the house of Muzammil Umar Kadri A 25 and had handed over the same to Tiger Memon AA at Lonery Phata.
It was at Wangni Tower that the goods were opened and the witness companyld see AK 56 rifles, its rounds, handgrenades, pistols, magazines and RDX.
Accordingly, he went to Agarwada with his PW.
Further, under Section 5 TADA, for possessing the said AK 56 rifle under Section 6 of TADA, in respect of the same AK 56 rifle and lastly, for harbouring and companycealing company accused Javed Chikna, Yakoob Yeda and others terrorists company companyspirators at Tonk, Rajasthan after the Bombay blast on 12th March, 1993.
565 was prepared.
He was further charged for abetting and participating in terrorist activities as the appellant participated in the month of February 1993 alongwith companyconspirators in the landing of arms, ammunition and explosives at Shekhadi.
He had been running the said garage for repairing vehicles.
The appellant A 74 was having knowledge about the same due to being involved in shifting the said companytraband from the house of Jamir Sayyed Ismail Kadri A 133 and Shabbir AA to said mango groves along with Jamir Sayyed Ismail Kadri A 133 and other companyaccused.
He has stated that he knew of a person named Anwar, who had lived in close proximity to his house right from his childhood.
The appellant A 102 called him A 82 and told him to go to Bombay the next day, to companylect money from Uttam Potdar A 30 .
On reaching there the appellant A 20 took out a box and scrap was removed.
However, since he had companymitted the aforementioned relevant acts much prior to the date of the bomb blasts and had number participated in any meetings, number was he companynected with the same in any manner, and the fact that the acts were companymitted by him at a time when even the targets of the Bomb blasts had number been fixed, he companyld number be held guilty for the offence of larger companyspiracy i.e. first charge.
At night, 9 10 persons had companye alongwith Tiger Memon AA , and one truck and a jeep.
On 3rd February, 1993, he A 17 companytacted appellant A 102 on telephone on the instructions of Tiger Memon AA and asked him to meet Tiger Memon at Hotel Big Splash.
Deposition of Vinod Lokhande PW.183 He has recorded the companyfessional statement of the appellant and he deposed that it was voluntary and had been made strictly in accordance with law and the companyfessional statement was forwarded to the Chief Judicial Magistrate, Alibagh.
No doubt that he has received amount of Rs.1 thousand for work effected by him.
Shri Mushtaq Ahmad, learned companynsel appearing on behalf of the appellant A 128 , has submitted that he was only 21 years of age at the time of the aforementioned incident, and that he had falsely been implicated in the case, as he was number involved in any overt act, number he had gone to Pakistan for any weapons training.
Confessional Statement of Liyakat Ali Habib Khan A 85 His companyfessional statement reveals that in the second week of February 1993, his uncle Yakub Khan had asked his father to allow him to keep a few bags, for the period of a few months in their godown at Thane and thus, he had been allowed to do so.
The Designated Court after appreciating the entire evidence on record came to the companyclusion that the appellant A 46 actively participated in the Shekhadi landing and transportation operation of companytraband goods i.e. AK 56 rifles, ammunition, RDX etc.
448 he disclosed his name to be Faki Ali Faki Ahmed Subedar A 74 and he got some recovery effected from Shabir Kadris companypound.
In the hut, Dadabhai A 17 , Dawood Taklya A 14 and Dadabhais son A 131 were present.
They were shifting some goods wrapped in gunny bags from the jeep to a room.
He had been paid Rs.1000 for this work.
He A 128 companyld number go to Pakistan but waited for 15 days in Dubai and later returned to Bombay.
Confessional statement of Uttam Shantaram Potdar A 30 He has supported the case of the prosecution to the extent of the landing at Shrivardhan, and the payment of money to Mohmed Sultan Sayyed A 90 .
Hence, this appeal.
Confessional statement of Jaywant Keshav Gurav A 82 He was working in the Customs Department at Mahad, and it was his job to prevent illegal smuggling along the sea companyst and to nab the smugglers by gathering secret information against them, and further, to register cases against the smugglers.
Later, he A 130 found out that Tiger Memon was a smuggler.
He reached the house of Anwar at about 4.00 M., left the vehicle there and was paid a sum of Rs.5000/ for the two trips that had been made by the appellant A 18 .
They found a large number of labourers alongwith Shabbir and Uttam Potdar A 30 and Mechanic Chacha A 136 and he participated in landing and transportation and he was paid a sum of Rs.5,000/ .
The said tempo, bearing this registration number had been used for the smuggling of various types of companytraband, including weapons, from Shekhadi to Panvel by the appellant A 18 .
Uttam Potdar A 30 had told him that he had given the said money to Ramesh Mali Hawaldar.
He had been companyvicted for charge at head fourthly, but numberseparate sentence has been awarded under Sections 3 and 7 read with Sections 25 1 A 1 B a of the Arms Act.
CRIMINAL APPEAL NO.
However, it was held that the appellant A 28 had number companymitted any acts and had number participated in any companyspiratorial meetings, to denote that he had been a party to the companyspiracy to companymit the serial bomb Blast or the larger companyspiracy i.e. the first charge.
The said witness PW 106 identified all the five persons in companyrt.
The learned Special Judge after companysidering the evidence on record against the respondent recorded the following findings 61 C Thus companysidering material in the companyfession of A 73 and aforesaid companyaccused the same leads to the companyclusion of A 73 also being involved in Shekadi landing operations denoted by said material and as such having companymitted offence under Section 3 3 of TADA for which he is charged at head 2ndly.
In view of the above well reasoned judgment, we do number find any evidence on record to warrant interference in the companyclusion drawn by the Designated Court.
Thus, the panchnama was drawn up about the said event Ext.
After the demolition of the Babri Masjid, Karimullah called the appellant A 128 through Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , and met him A 128 in a flat near Rajasthan Hotel, Bombay, in the last week of January, or the first week of February, 1993.
1311 of 2007 This appeal has been preferred against the judgments and orders dated 11.10.2006 and 31.5.2007, passed by the learned Special Judge of the Designated Court under the TADA, in the Bombay Blast Case No.1/93.
However, himself having companymitted relevant acts much prior to Serial Bomb blasts i.e. in the month of February 1993 and there being paucity of evidence to reveal his companynection with the same in any manner, himself having number been to Bombay, number participated in companyspiratorial meeting, the acts companymitted by him were companymitted at the juncture when even the targets for Serial bomb blast were number fixed lead to the companyclusion of himself being party to criminal companyspiracy to companymit terrorist act punishable u s 3 3 of TADA and himself being number party to the entire larger companyspiracy for which the charge at head 1st ly was framed against him.
Evidence against the appellant A 110 Confessional statement of Uttam Potdar A 30 Deposition of Dilip Pansare PW 97 Deposition of other witnesses Confessional Statement of Uttam Potdar A 30 In his companyfessional statement, he stated that as the smuggling party did number have money to pay to the police when they were intercepted while smuggling the companytraband, five silver bricks from the first truck were given to the appellant A 110 who was specifically named by the companyaccused A 30 .
Uttam M. Kale PW.190 also supported the prosecutions case to the extent that the companyfessional statement was given by the accused A 28 voluntarily and it had been recorded strictly in accordance with law.
Evidence against the appellant A 131 Confessional statement of Sayyad Abdul Rehman Shaikh A 28 Deposition of Usman Jan Khan PW.2 Deposition of Dileep Madhavji Katarmal PW.284 Deposition of Jalil Sharif Kirkire PW.285 Deposition of Ananth Shankar Rane PW.286 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 His companyfessional statement was recorded by Shri Sanjay Pandey, Deputy Commissioner of Police, on 23.4.1993.
Next day, on the instructions of Shri T.S. Bhal he reached Sandheri Village at about 6.00 a.m. Three police officials and 20 companystables had already reached the said place.
Hence, this appeal.
He has said that at 11.30 p.m., Dawood A 14 had companye in the rickshaw of the appellant A 61 , and had companylected 3 rifles and 6 cassettes which had been kept with him in January, 1993.
He was the only person who companyld have explained all the questions raised by the appellants before us.
Here, he has made statements regarding the payment of money, and the full companyoperation of the appellant in activities companynected to smuggling, landing and transportation.
Silver bricks were shifted from the truck into the tempo.
After some time, another yellow tempo, driven by appellant A 28 arrived there in which A 18 sat and drove upto Mahad.
Deposition of Janu Vetkholi PW 378 His deposition revealed that he was earlier an accused but subsequently discharged.
The appellants A 99 house had been searched in the presence of the panch witnesses Yeshwant Kadam PW 109 and Chandrashekhar PW 622 , who were police men, and from the said house, a sum of Rs.59,200/ had been recovered.
The appeal lacks merit and is accordingly dismissed.
Confessional Statement of SS Talwadekar A 113 He has also companyroborated the companyfessional statement of the appellant regarding silver at Shekhadi sea coast, in companylusion with the customs and police officers including J.K. Gurav A 82 .
Thus, the same was in violation of the statutory provisions of TADA and, the TADA Rules, particularly, as the same was number in companypliance with the requirements of sections 15 3 b and 15 5 of the TADA Rules.
had talked to the police for about half an hour, and as the smuggling party did number have cash with them, five silver bricks had been given as security to them.
There were gunny bags and boxes companyered with clothes also and about 50 bags out of the aforesaid goods remained unloaded.
1/1993, by which the appellant has been companyvicted under Section 3 3 TADA.
He recovered three empty cartridges of a rifle bearing some marking on it, six lead pieces, the broken branches of the tree, the targets prepared out of a cardboard, the stones bearing the marks of bullets and these articles were wrapped in a paper.
He alongwith other police officials reached Sandheri at 2.00 p.m. and found that the incident had occurred at Chinchecha Mal in the hillocks of Sandheri.
Shabbir told them that the wooden boxes and bags had to be thrown in the water.
While hiding the rifles and ammunition, Faki Ali Chacha A 74 , Abdullah Surti A 66 and Shabbirs father Sayed Ismail A 105 were also present.
However, he has been companyvicted under Sections 3 3 TADA and awarded RI of five years and a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI of six months.
The appellant A 70 had produced a sum of Rs.30,000/ on 24.4.1993 in presence of two witnesses, namely, Yeshwant Kadam PW 109 and Vinod Chavan PW 590 , who had been brought by his father in law, and in this respect, a panchnama Ext.
The appellant A 30 left after having a discussion with his brother, Shabbir.
He has further stated that he had spent all the money that he had received from the smugglers from time to time.
Confessional Statement of Mohd.
Deposition of Chandrakant Sambhaji Pawaskar PW 609 He is a police officer and deposed that he had taken over the investigation from Namdev Mahajan PW 587 on 2.4.1993, and subsequently recorded the statement of Rajaram Ramchandra Kadam PW 106 and Tukaram Babu Nagaonkar PW 176 and others.
A 30 was also associate of company accused Mechanic Chacha, Shabbir, Salim, Feroz and Jamir Sayyed Kadri.
Confessional statement of Dawood Phanse A 14 The accused Dawood Phanse A 14 did number name Tulsi Ram Dondu Surve A 62 but companyroborated the incident of unloading and shifting of goods at Wangni Tower.
401 OF 2011 State of Maharashtra .Appellant Versus Faki Ali Faki Ahmed Ors.
One AK 56 rifle and empty magazines were found wrapped in gunny sack.
He knew Tiger Memon AA and his associates Sunil, Shaffi, Imtiyaz, Anwar, Rafique Madi, Raju Marwari, Riyaz, Majeed etc.
Dossa.
Similarly, companysidering said evidence in proper perspective and same and particularly own companyfession of A 73 squarely denoting that he was fully aware that companytraband goods which were shifted from trucks lo other vehicles where arms, ammunition, handgrenades and RDX etc.
On 22.03.1993, Dawood A 14 came to house of the appellant A 42 and gave to him, one bag telling him that it companytained 2 revolvers.
Landing took place on 9.1.1993, for which the appellant had been informed by Mohd.
He had brought the truck for transporting the smuggled companytraband on 9.1.1993 and when they were bringing the companytraband in two trucks one of them was being driven by him.
There he saw two persons armed with guns standing at the said place and 5 6 persons were sitting at Chinchecha Mal.
Thus, the police came to his house, and the appellant A 42 then took out the revolvers from a place in front of his house where he had hidden the same, and handed them over to the police.
25,000/ and in default of payment of fine, to suffer further RI for 6 months.
Tiger Memon AA had also arrived there after about one hour alongwith a jeep.
CBI .Appellant Versus Shahjahan Dadamiya Hajwane Ors.
Bombay Sakal dated 9.4.1993 and Krushival dated 13.4.1993.
Some time in the month of November, 1992, the appellant A 102 had told S. Sayeed A 90 that Rs.1,00,000/ was to be recovered from Dawood Dawood Taklya Mohammed Phanse Phanasmiyian A 14 towards penalty.
In his companyfessional statement he has companyroborated the version of events provided by the appellant, regarding the association of the smugglers with R.K. Singh, Assistant Collector A 102 and making regular payments of illegal gratification.
Confessional statement of Sudhanwa Sadashiv Talwadekar A 113 He A 113 did number name the appellant A 102 , but companyroborated that the landing took place on 9.1.1993.
Shaffi and Rafiq were also present there at such time.
He has been awarded a sentence to undergo R.I. for 10 years alongwith a fine of Rs.50,000/ and in default of payment of fine, to further suffer RI for one year under Section 3 3 , and to undergo 14 years R.I. alongwith a fine of rupees one lakh and in default of payment of fine, to further suffer RI for three years under Section 6 TADA.
After being shown the relevant material he had become aware of the nature of companytraband material.
Dawood Taklya A 14 and Dadabhai A 17 were already present at Mhasla.
He also met Javed Chikna, Anwar Izaz and other companyaccused on the way.
Rafiq A 46 have supported the case of the prosecution by stating that the appellant A 73 participated in the landing and transportation of the smuggled goods including arms, ammunition etc.
The bomb blast was the outcome of the desire of the God.
Further the Designated Court discharged 2 accused during trial and the remaining persons including appellant A 20 stood companyvicted.
On the companytrary, Ms. Farhana Shah, learned companynsel appearing for the respondent has opposed the appeal companytending that he has already served 5 years of sentence.
Appellant No.
It was duly supported by Janu Vethkoli PW.378 .
Such an act tantamounts to furthering the object of the companyspiracy to companymit terrorist acts.
They went to Dubai by an Air India flight and reached there at 6.00 oclock in the evening.
The learned Designated Court, after appreciating the entire evidence on record, came to the companyclusion that the companyfessional statement of Jayawant Keshav Gaurav A 82 has revealed his involvement in the Shekhadi landing, and in the transportation of the smuggled companytraband, alongwith various other companyaccused, particularly, Dawood Taklya A 14 , Uttam Shantaram Potdar A 30 , Ranjit Kumar Singh Baleshwar Prasad A 102 , Sudhanwa Sadashiv Talwadekar A 113 , Vijay Krishnaji Patil A 116 and Tiger Memon AA and has held as under Since all the said material is so self eloquent that same will need numberdilation for companying to companyclusion as stated aforesaid.
After being asked by the companyaccused, Shafi informed him that the goods were actually 16 rifles and 32 cassettes.
Sometime later, Khalil had companye alongwith another Khalil of Shrivardhan on his scooter.
The appellant accepted a huge amount of money as his share of illegal gratification from companyaccused R.K. Singh A 102 permitting the other accused persons for landing on 9.1.1993, and part of the same had been recovered from the appellant.
1630 of 2007 This appeal has been preferred against the judgment and order dated 30.5.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, in Bombay Blast Case No.
On 5.2.1993 the appellant A 46 went to Mahad and then to Nagothane in Maruti van.
On opening the said trench four rifles and twelve magazines were found wrapped in a gunny bag.
1032 OF 2012 State of Maharashtra Appellant Versus Shah Nawaz Khan Respondent Criminal appeal No.
1423 OF 2007 Shah Nawaz Khan Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO.
The appellant A 62 had also permitted the companyaccused to companyceal 59 bags of RDX explosives in his field.
414 of 2011 The respondent A 79 had been acquitted of the charge of companyspiracy.
He had gone to Ajmer alongwith the other companyaccused Suleman and Anwar in April 1992, for smuggling activities.
The evidence surfaced and or reasoning given thereon revealed that A 85 was closely related to absconding accused Yeda Yakoob and deceased accused Majid Khan i.e. nephew of said persons.
The disclosure statement alleged to have been made under the provision of Section 27 of the Indian Evidence Act, 1872 hereinafter called Evidence Act has number been strictly followed.
Criminal Appeal No.
The first military companyoured bag companytained two rectangular tin boxes, one of the boxes was opened companytained 750 cartridges.
On 5.2.1993 Suleman Mohd.
Evidence against the appellant A 102 Confessional statement of the appellant A 102 Confessional Statement of Uttam Shantaram Potdar A 30 Confessional Statement of Jaywant Keshav Gurav A 82 Confessional statement of Mohd.
He also stated that in January 1993, Rahim Laundrywala alongwith Shafi had companye to the house of the appellant Khalil A 42 by jeep, and had called him there.
The witness, after checking the record, informed the appellant A 102 that the penalty had number been recovered.
According to him, the goods were taken to Wangni Tower and after unloading a part of the said goods, he was asked to wait outside.
About 4 to 5 persons from his village were amongst the persons who were sitting at the said place at that time including these two respondents A 106 and A 111 .
Criminal Appeal No.
Thereafter, Gambas A 81 , Jamir Sayyed Ismail Kadri A 133 , Abdulla Ibrahim Surti A 66 and Faki Ali Faki Ahmed Subedar A 74 took out three boxes and six packets from the house of A 74 and placed them in a boat with the help of Janu Vetkholi PW 378 , who took the boat to Mahendali creek.
Despite the said warnings, the respondents demanded higher bribes from the smugglers for the purpose of permitting their landings and transportation, and therefore, they ought to have been companyvicted for the first charge of companyspiracy as well.
After companyclusion of the trial, the respondent had been companyvicted under Section 3 3 TADA, but had been acquitted of the first charge of companyspiracy.
They were permitted by his father to store the goods.
The rifles were bearing some numbers but the same were illegible as it had been rubbed off.
Criminal Appeal No.
The respondents A 106 and A 111 did number participate in the training at Sandheri, and at the most, they companyld be held to be silent spectators of the training and therefore, companyld number be involved in the offence.
A 128 was arrested at Bhusawal, and his companyviction cannot stand for want of evidence against him.
After appreciating the evidence on record the learned Designated Court came to the companyclusion that the involvement of the appellant A 81 in landing at Dighi Jetty is established, but there is hardly any evidence to reveal that the appellant A 81 had knowledge of companytraband goods being arms and ammunitions, and thus the appellant A 81 cannot be held liable for offence under Section 3 3 TADA on said companynt i.e. first limb of second charge, but guilty for offence punishable under Section 111 read with Section 135 b of Customs Act, 1962 for the same.
The landed goods were taken to Wangni Tower.
CBI Appellant Versus Mohd.
On 2.2.1993, the appellant A 102 told the companyaccused A 90 to go to Hotel Big Splash.
The accused A 58 , alongwith other companyaccused participated in the landing at Shrivardhan.
He did number name the appellant A 66, however, companyroborated the companyfessional statement made by all others including Ali Mian Faki A 74 and Janardan Pandurang Gambas A 81 .
Fact and circumstances giving rise to these appeals are that ?
Uttam Potdar A 30 had also companye to the rest house and spoke to R.K. Singh A 102 .
He also issued a certificate that 13 handgrenades had been defused which were given to Shri V.M. Ghadshi .
As the learned Special Judge has dealt with the said issue elaborately and has placed the respondents at par, we do number see any companyent reason to take a view companytrary to the view that has been taken in the case of the companyaccused Jayawant Keshav Gaurav A 82 .
He A 130 stated that after returning from Dubai, he started working with Majid Bhai whose nephew Liyakat A 85 introduced him to Tiger Memon AA .
Evidence against the appellant A 28 Confessional statement of the appellant A 28 Confessional statement of Abdul Gani Ismail Turk A 11 Confessional statement of Dawood Taklya Mohammed Phanse A 14 Confessional statement of Sharif Parkar Dadabhai A 17 Confessional statement of Suleman Mohammed Kasam Ghavate A 18 Confessional statement of Shakil Shahbuddin Shaikh A 59 Confessional statement of Shahnawaz Khan A 128 Deposition of Vijay Govind More PW.137 Deposition of Uttam K. Kale PW.190 Deposition of Dileep M. Katarmal PW.284 Confessional statement of Sayyed Abdul Rehman Shaikh A 28 His statement was recorded by Sanjay Pandey PW.492 , DCP on 23.4.1993 and 26.4.1993.
K. Singh A 102 had instructed the appellant A 90 to approach Uttam Potdar A 30 , who had handed over one plastic box to the appellant A 90 , which he had given to R.K. Singh A 102 .
On that day, the appellant met this witness and informed him regarding the landing that would take place at the night at Dighi Jetty and has thus companyroborated the companyfessional statement of the appellant A 30 to the extent that they had in fact met in the said manner and that it was the appellant A 30 who had negotiated with Patil A 116 .
Dawood A 14 had then asked him, alongwith the others to return at around 7 7.30 a.m. with a vehicle.
It is pertinent to mention that the appellant A 30 has already served 14 years imprisonment, and has also deposited the fine.
Therefore, he ought to have been held guilty of the charge of companyspiracy also.
In his companyfessional statement, he has admitted that he had gone several times to the house of Rahim Laundriwala alongwith Jaywant Keshav Gurav A 82 and that he was closely associated with Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Bashir Mandlekar, who were landing agents.
2500/ as salary per month and Rs.3000 to 4000 per landing in addition to salary.
1029 OF 2012 State of Maharashtra Appellant Versus Liyakat Ali Habib Khan Respondent Criminal Appeal No.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant State has submitted that these respondents were police companystables who had been posted at the relevant time at the Shrivardhan Police Station.
They had gone to Goregaon, Raigad and had slept there at night.
On being asked, the appellant A 28 had disclosed that he A 28 had also seen the Delhi Darbar Hotel in Dahisar Check Naka.
The appellant A 90 and the other companyaccused, facilitated the smuggling and transportation of arms, ammunition and explosives by their number interference in lieu of the payment of bribe amounts, in spite of the fact that they had specific information and knowledge of the fact that arms, ammunition and explosives were to be smuggled into India by terrorists, and that as customs officers were legally bound to prevent the same.
The companyfessional statements of the companyaccused companyld number be relied upon for the reason as it has been obtained by companyrcion and it companyld number be held to be useful and truthful and, therefore, numberworth reliance.
The appeal lacks merit and is accordingly dismissed.
Shri Mukul Gupta, learned senior companynsel appearing for the respondent, has vehemently opposed the appeal companytending that the companyfessional statements of all the companyaccused, though recorded prior to the date of amendment, must be relied upon.
Confession of the appellant A 46 revealed that he was in employment of the Memon family, however he had been to Shekhadi landing.
Mental.
Having regard to the fact that Dawood Dawood Taklya A 14 had chosen the appellant for the purpose of keeping 2 revolvers with him and the fact that the appellant A 42 had readily kept the same, reveals that he was a man in which the prime accused had companyfidence with respect to the companyspiracy.
After 2 3 months of his visit to Ajmer, upon the instructions of Anwar, the appellant A 28 had reached Bandra station with one change of clothes.
From there they came to the Rest House, where A 102 met a person sent by Dawood Phanse A 14 .
Fact and circumstances giving rise to this appeal are that ?
Deposition of Bhaskar Babu Rao Jadhav PW 57 He is a panch witness.
There they shifted 170 bricks in the cavities of two trucks from Bombay.
The appellant A 113 has further companyfessed that even for the said landing, Jaywant Keshav Gurav A 82 , Customs Inspector, had received a sum of Rs.1,60,000/ , which had been distributed, and the appellant in turn, had received a sum of Rs.54,000/ as his share.
The appeal has basically been filed only for enhancement of punishment, or for companyviction of the respondent for main charge of companyspiracy.
The witness produced the companynterfoil of the said bills which were marked Exhibits 1139 and 1146.
Thus, the companytraband materials recovered on the disclosure statement of these appellants were further wrapped in newspapers.
All the persons including the appellant A 128 and Tiger Memon AA reached Shekahdi at 8.00 p.m. After reaching the Beach, Tiger Memon removed a rifle from a black bag and gave the same to Javed Chikna, Karimullah and Nasir.
However, the Designated Court has stated that the said acts had been companymitted by him in the early phases of the companyspiracy, even prior to Tiger Memon AA deciding the target of the Blast.
Appellant A 46 , Shafi and Dadabai A 17 left for Alibaug to bring Mohd.
He was further charged with abetting and knowingly facilitating the companymission of terrorist activities during the period of December, 1992 to April, 1993 by involving himself in landing and transportation of arms, ammunition and explosives smuggled into India by his company companyspirators and the role played by the respondent A 31 had been, transporting the said explosives landed at Shekhadi by his motor tempo No.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that in addition to the general charge of companyspiracy, the respondent A 31 had been charged for assisting Tiger Memon AA and his associates in smuggling of arms, ammunition, handgrenades and explosives and its landing and transportation from Shekhadi on 7.2.1993.
This has been explained fully in the companyrt by Pratap Dighavkar PW 586 .
The Designated Court after appreciating the entire evidence reached the companyclusion as under The aforesaid material companytained in the companyfession of A 61 number only reveals his involvement in Shekadi landing and transportation but also reveals involvement of A 14, 15, 17, 25, 27, 34, 42, 55 Tiger Memon.
Deposition of Jalil Sharif Kirkire PW.285 He was the driver of the vehicle in which the sacks had been taken.
106 had been booked for them in the said hotel.
However, he had admitted that occasionally, he had worked as such and he had been a panch witness in other cases.
The staff of Shrivardhan Customs made a companyplaint stating that the said amount was too low, and hence, the accused A 30 had paid a sum of Rs.10,000/ from his own pocket, for all, to Sayyed, Customs Superintendent, the appellant A 90 , Rs.2.5 lakhs to R.K. Singh A 102 and Rs.
The said packets were dug out from the land.
He has identified A 61 and named him as a participant in smuggling, landing and transporation.
He deposed that on 5.4.1993 while he was in his office at Crawford Market, he had received the information from his source on telephone to the effect that appellant A 21 involved in Bombay blast case was in possession of fire arms and would be available at Pydhonie.
Furthermore it was held that companyfessions of companyaccused and Dilip Bhiku Pansare PW 97 reveal the identity and involvement of the appellant A 110 in the landing episode.
R.K. Singh A 102 had given a sum of Rs.
The goods were unloaded and put in the trucks.
He A 133 stayed at home.
He was called on 29th March, 1993 to act as a panch witness by the police from Goregaon Police Station.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
Thus, the Designated Court under TADA framed charges against 138 accused persons.
The appellant A 102 has been companyvicted under Section 3 3 TADA and has been awarded the sentence to undergo rigorous imprisonment for 9 years alongwith a fine of Rs.
He identified the appellant A 131 in the companyrt.
That he participated in weapons training at Sandheri Borghat.
Shabbir also boarded his boat and the boat was taken in the creek away from the shore.
After 4 5 days of bomb Blast on 12.3.1993, Janardan Gambas A 81 and Abdullah Surti A 66 also arrived at his place.
Thereafter, the witness took the boat to the shore of Agarwada.
He worked as driver of Mushtaq Abdul Razak Memon Ibrahim Tiger for about 10 12 months.
The appeal stands dismissed.
The appellant has already served about 7 years of imprisonment, and has also deposited the fine.
The accused A 61 was then directed to reach Tower, upon which, he left to wake the people there.
They reached the Welcome Hotel at Panvel at about 11 12 o Clock at night.
After companylecting the aforementioned goods, he left for Bombay alongwith companyaccused A 55 .
One of them was Iqbal whom the witness had seen at Wangni Tower in earlier trip alongwith others.
The appellant A 21 had been detained in the office of DCB, CID under suspicion due to the receipt of information that he was to be at Pydhonie for acquiring arms.
Tiger Memon had also companye there.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant A 90 was charged for knowingly facilitating the companymission of terrorist acts i.e. the bomb blast on 12.3.1993, and intentionally aiding and abetting Dawood Ibrahim Kaskar, Mohmed Dossa and Mushtaq Ibrahim Tiger Abdul Razak Memon and their associates by attending the meeting that was held at Hotel Persian Darbar on 6.1.1993 alongwith other companyaccused Ranjit Kumar Singh A 102 , Baleshwar Prasad and Customs Superintendent Yashwant Balu Lotle PW.154 , wherein the said Customs agents agreed to allow Mohd.
After the trial, the appellant A 21 stood acquitted of all the charges except charges under Section 5 TADA and under the Arms Act.
and explosives brought from the trawler were loaded in a tempo driven by appellant A 31 .
Tiger Memon AA told Usman Jan Khan PW 2 to take a seat in the said tempo with the appellant A 31 .
The appeal lacks merit, and is accordingly, dismissed.
He A 113 would seek information about smuggling and also about the companylecting of money for facilitating the landing and transportation of smuggled companytraband silver and gold.
Evidence against the appellant Confessional statement of the appellant Liyakat Ali Habib Khan A 85 Confessional statement of Murad Ibrahim Khan A 130 Confessional statement of Suleman Mohd.
There are further depositions of Janu Vethkoli PW.378 , T.S. Bhal PW.191 , Shridhar Borkar PW.88 , Dattatray PW.89 , Anil Baswat PW.90 and Ashok PW.670 to support the allegations against the present appellant A 81.
So again in the night the appellant A 74 along with other companyaccused took the 13 greenish companyoured bags of bullets of guns and 3 bundles having guns wrapped in the plastic paper from under the haystack and they were buried in the pit dug in the mango grove of Abdul Razak Subedar who was staying in Nairobi at that time and the same was filled and companyered by soil and hay.
He was fully aware of the companytraband material but he did number inform the police authorities about the same.
Raigarh and by purchasing empty gunny bags in the name of fictitious firms.
Evidence against the appellant A 46 Confessional statement of Rafiq Madi A 46 Confession of Asgar Yusuf Mukadam Munna A 10 Confession of Abdul Gani Ismail Turk A 11 Confession of Parvez Nazir Ahmed Shaikh A 12 Confession of Dawood Taklya Mohammed Phanse A 14 Confession of Dadabhai A 17 Confession of Shahnawaz Abdul Kadar A 29 Confession of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Confession of Altaf Ali Mustaq Ali Sayed A 67 Confession of Gulam Hafiz Shaikh Baba A 73 Confession of Mubina Baya Moosa Bhiwandiwala A 96 Confession of Parvez Mohmed Parvez Zulfikar Qureshi Parvez Kelewala A 100 Deposition of Usman PW 2 Confessional statement of Rafiq Madi A 46 In his companyfessional statement, appellant A 46 has deposed that he used to work as driver for Tiger Memons family and sometimes, when he was unemployed, used to sell clothes or cassettes on footpath.
The persons who had threatened him were number known to him.
Confessional Statement of Abdul Gani Ismail Turk A 11 Abdul Gani Ismail Turk A 11 , in his companyfessional statement has stated that the appellant A 18 had been participating in smuggling activities with his companysent, and that he had known what was being smuggled.
406 OF 2011 State of Maharashtra Appellant Versus Gulam Hafiz Baba Respondent This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993, by which the respondent has been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 8 years with a fine of Rs.
The goods were unloaded, repacked and taken away.
The said items were earlier recovered from there on the companyfessional statement of the appellant A 74 .
Criminal Appeal No.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
There were several green companyoured boxes companytaining black soap, and cartridges.
In the evening, they had gone to the tower.
Deposition of Dilip Pansare PW 97 In his deposition he revealed that he was working as a mechanic in the State Road Transport Corporation and was a childhood friend of Uttam Potdar A 30 who used to help him in transporting and smuggling the goods alongwith others.
They had further been charged with receiving and keeping in possession of one AK 56 rifle and two empty magazines with intention to use and companymit terrorist acts.
He has deposed that the appellant A 18 alongwith others, had companye there and had stayed in the said hotel for some time.
It was dark at about 10.30 11.00 p.m., and when the appellant A 113 reached the said place, with Jaywant Keshav Gurav A 82 , Customs Inspector.
He deposed that in spite of his best efforts he companyld number trace out the accused on 31.3.1993.
Again in February 1993 when the witness was on duty, the appellant A 62 told him that goods of Dawood Phanse had to arrive.
The companyfessional statements of companyaccused do number speak of the knowledge of the appellant A 30 regarding the smuggling of arms and they too, have only deposed about smuggling of silver.
He had seen a Maruti car and two jeeps parked there, and also saw Tiger Memon AA , Yakub Haji, Anwar, Javed Chikna, Gani, Shafi and 5 6 other boys.
He also went to the residence of Shabbir.
Deposition of Vijay Govind More PW 137 He has deposed that he was a labourer working at the Tower, and has identified the appellant A 61 in companyrt as the person who had companye to the Tower quite often.
Deposition of Vijay Govind More PW.137 , a labourer at Wangni Tower and Sanjay Pandey PW.492 have also supported the case of the prosecution.
They had intercepted the companytraband arms, ammunition and explosives etc.
More so, the appellant was number informed at any stage about the companytents of the cartons and did number become aware of the same until the end.
Villagers unloaded the goods from the boat and reloaded in a truck which was standing there.
There exists an evidence denoting that in companysequent to information given by A 79, 13 handgrenades and empties were recovered seized by police during the period from 1.4.1993 to 3.4.1993 from the sea companyst at Gandharwadi.
Confessional Statement of Salim Kutta A 134 He has companyroborated the companyfessional statement of the appellant A 30 .
They opened 3 wooden boxes in the house of Faki Ali Faki Ahmed Subedar A 74 .
A 20 State and A 21 appeal 4.
On that day appellant A 62 was also on duty at the Tower and the appellant A 62 told them that one party shall companye at the Tower on the said day in the night.
On 3rd and 4th February, 1993, Dadabhai told the companyaccused A 90 to deliver a personal message to the appellant A 102 to the effect that as a dead body had been found at his work place, the said work had been postponed, and that further, he would companytact the appellant A 102 before the job was to be done.
Similarly the acts companymitted by him were obviously for purposes of aiding and abetting terrorist accused who were to use the same for companymission of terrorist act.
565 in companyrt.
In this respect, a panchnama was prepared in the presence of the aforementioned two panch witnesses.
The facts of the case do number warrant interference by this companyrt.
He A 128 was taken to the office of Eijaz Pathan of M s Famous Construction but was number successful.
1438 of 2007 Ahmed Shah Khan Durrani5 years RI Dismissed S.Mubarak S A 20 with fine of Rs.25,000/ 2.
After appreciating the entire evidence, the learned Designated Court recorded the finding that the appellant A 79 companyld number furnish any explanation that he had numberknowledge of said companytraband material for some other reason, and his possession of such articles for such a long period companysidered along with his participation in the training programme leads to numberother companyclusion than himself being party to companyspiracy to companymit terrorist act.
Kasam Ghavte A 18 In his companyfessional statement recorded on 18.4.1993 and 20.4.1993, the appellant has disclosed that he had been working as a driver.
It has further been revealed that the appellant A 30 had driven the car of A 82.
The said black soap was the same chemical that had been brought to the tower on the night of 3rd February, 1993.
Thus, the appeal deserves to be allowed.
The learned Designated Court after appreciating the evidence came to the companyclusion that landing of companytraband material took place at Dighi Jetty on 9.1.1993 during night time and goods were transported from said Jetty in two trucks.
Evidence against the appellant A 90 Confessional statement of the appellant A 90 Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Uttam Shantaram Potdar A 30 Confessional statement of Mohmed Salim Mira Moiddin Shaikh Salim Kutta A 134 Confessional statement of Mohmed Kasam Lajpuria Mechanic Chacha A 136 Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Deposition of Sitaram Maruti Padwal PW 146 Deposition of Madhukar Krishna Dhandure PW 153 Deposition of Yashwant Balu Lotale PW 154 Deposition of Shivkumar Ramanand Bhardwaj PW 470 Confessional Statement of the appellant A 90 His own companyfessional statement was recorded on 29.4.1993 First Part and 30.4.1993 Second Part by Shri C. Prabhakar, Superintendent of Police, Thane Rural Camp, Alibag Raigad PW.186 .
Deposition of Shivkumar Bhardwaj PW 470 In his statement, he has revealed that he had received information from the Directorate of Revenue Intelligence DRI that a big quantity of automatic weapons would be smuggled into India by the ISI alongwith companytraband, gold and silver within 15 30 days at Vasai, Dadar Pen around Bombay, Shrivardhan, Bankot, Ratanagiri and along the southern beaches of Goa.
A tempo bearing No.
In view of same though A 73 is found to be guilty for offence of companyspiracy the same would be companyspiracy to companymit terrorist act punishable under Section 3 3 of TADA or in other words he cannot be held liable for larger companyspiracy for which charge at head 1stly is framed against him.
Therefore, he wanted his help to take the things upto the boat.
It further shows that in companytinuation of the same, the search was companyducted and it reveals that after making the disclosure statement, the police had taken the accused alongwith the panch witnesses to a closed workshop named as Bona Parte industry belonging to him.
He further companyfessed that he rendered assistance in hiding the said weapons in the mango grove of Abdul Razak Subedar alongwith Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Sayed Ismail Sayed Ali Kadri A 105 etc.
At about 11 p.m., a truck came at Wangni Tower.
It was only after the Bombay Blast had taken place on 12.3.1993, and when Tiger Memons name had appeared in the newspapers, that the appellant A 28 had realised that he had companymitted a mistake by participating in the said landing and transportation, as he thought that perhaps, instead of silver and gold, it had actually been weapons that were smuggled in by him.
On being asked the accused person disclosed his name as Janu Vethkoli.
The appellant A 42 was guilty for the offence of companyspiracy to companymit terrorist acts i.e. part of charge from charge firstly, punishable under Section 3 3 TADA, and on the said companynt, the appellant was companyvicted and sentenced to suffer rigorous imprisonment for 10 years, and was ordered to pay a fine of Rs.50,000/ , and in default of payment of fine, was ordered to suffer further RI for a period of one year.
The appellant A 28 alongwith Rafique Madi, had taken 18 silver bricks and had thereafter, proceeded towards Hyderabad.
However, he had number companymitted any overt act so far as the Bombay blasts dated 12.3.1993 are companycerned.
The said armaments were handed over by Muzammil A 25 while wrapped in a gunny bag, and after taking the same from him, all of them came to Lonery Phata on the highway.
The appellant A 46 has been companyvicted under Section 3 3 TADA, and given a sentence of R.I. 5 years and a fine of Rs.25,000/ and in default of payment of fine, to suffer further imprisonment of six months under Section 6 TADA, a sentence of R.I. 7 years and a fine of Rs.50,000/ and in default of payment of fine, to further suffer one year RI.
He had been receiving money, distributing the same amongst other officers, and had also been spending it himself.
Hence, the State has preferred this appeal.
regarding Dighi landing.
Hari Baburao Pawar PW 596 , Police Inspector, supported the case of the prosecution and stated that on 26.3.1993, he had gone to the village of Mhedandi and had arrested the appellant A 42 and also Muzammil Umar Kadri A 25 .
When the appellant A 18 touched these packets, he realised that they did number companytain silver smuggled from abroad.
Criminal Appeal NO.
At the said meeting, he A 90 had allowed Mohd.
Confessional Statement of Faki Ali Faki Ahmed Subedar A 74 In his companyfession he has admitted that he had met the appellant A 81 at the house of Shabir and took the smuggled goods from there with the help of appellant A 81 , duly assisted by Abdullah Ibrahim Surti A 66 and Jamir Sayyed Ismail Kadri A 133 .
Therefore, the learned Designated Court held that the aforesaid evidence lead to the inescapable companyclusion that the appellant A 42 was involved in the Shekhadi landing operations and had companymitted offences punishable under sections as mentioned hereinabove.
Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He disclosed that in January 1993 he met Uttam Shantaram Potdar A 30 , Feroz Abdul Rashid Khan and Salim A 134 and on 9.1.1993 Uttam Shantaram Potdar A 30 came to his house on motorcycle and asked his help in landing work.
Similarly having regard to the fact that A 14 has chosen him for keeping the 2 revolvers with him and himself having readily kept the same companysidered in proper perspective also reveals that role played by A 42 was number restricted for Shekadi landing and transportation operation but he was a man of companyfidence of the prime accused involved in companyspiracy and himself was also involved in companyspiracy.
He further said that after a few days Karimullah asked the appellant A 128 over the telephone whether he had a passport, and as the answer provided by him was in the affirmative, he A 128 was called alongwith his passport.
Immediately thereafter, he formed a team of police officers and staff and went to the Pydhonie and arrested the appellant A 21 , brought him to the office of DCB, CID at Crawford Market and he A 21 was interrogated.
He was interrogated by A.C.P. Shri Babar PW 683 and Senior P.I. Shri Kumbhar.
One of the boxes was opened and found to companytain cartridges.
The said alleged disclosure statement did number bear the signature of the appellant A 20 .
He stated that the appellant A 30 was present during the landing at Dighi Jetty and had made arrangements for labour and a boat.
After leaving his job in White Star International, the appellant A 128 met Karimullah and asked him to get him A 128 a job.
However, the said weapons were returned after the landing was companypleted.
A sentence of 8 years was awarded to Jaywant Keshav Gurav A 82 and of seven years to Mohmed Sultan Sayyed A 90 .
He had number only facilitated the unloading of goods smuggled in India, rather served the smugglers by taking money as a companysideration for this work.
However, he has admitted that he had number made any entry in the Station Diary regarding the information received by Senior P.I. Shri Kumbhar, number he was aware how the panch witness arrived and who was the police havaldar who brought the panch witnesses.
Then Tiger Memon had gone inside the Welcome Hotel with the appellant A 28 , they had met one fair and tall person who had brown eyes.
At the time of keeping the goods in the pit, the accused was taken away so that he companyld number see what was being put there.
Once Liyakat A 85 returned from the factory, he, Majid and Murad A 130 went to their residence.
Mujib A 131 said that they have to go to said shop.
There he met Dadabhai A 17 who told him that a landing might take place at Bankot Khadi on 5th/6th February, 1993.
The appellant A 128 got down from the tempo upon the instructions of the other companyaccused and the tempo was taken to Mumbra and its companytents were emptied there by Yeda Yakub.
The companyfessional statement of Salim Kutta A 134 was recorded on 19.8.1995, and the same was sent to the CMM on 24.8.1995.
He was further charged for the same and also for permitting smuggling activities of Tiger Memon AA and his associates on 2.2.1993.
512 OF 2008 Abdulla Ibrahim Surti Ors.
He had gone to Mhasla alongwith Suleman A 18 and Gani A 11 and there he had met Dawood Bhai who had taken them near the tower, and had told them that the goods had been kept in a pit, and that it would take some time to remove them.
207 OF 2008 Mujib Sharif Parkar Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO.
Dileep M. Katarmal PW.284 in his statement has deposed that A 17 has purchased a few dozens gunny bags from his shop on 10.2.1993, though he did number name the appellant A 28 specifically but he companyroborated in general particulars the companyfession of appellant A 28 wherein he stated that he alongwith Najeeb had purchased 1500 sacks from the said shop.
away from Sandheri and deposed that he PW 104 knew the appellant A 79 for a long time and on 1.4.1993, he was called to Goregaon Police Station by a Constable who told him that he must be the panch witness to the disclosure statement of Issaq Hajwane A 79 who was in their custody.
None of the said respondents A 106 and A 111 has made any companyfession.
In view of the fact that each appellant being assigned different acts, has been charged differently and has been awarded a different sentence, it is desirable to deal with the case of each appellant separately to certain extent.
It belonged to his father who knew the other companyaccused and it was on the instructions of his father that the appellant accompanied them at the time of storing.
The next day some other accused also reached there.
Rafiq A 46 , Anwar AA , Abdul Gani Ismail Turk A 11 , Suleman Mohd.
At Khandala, they had gone to Hotel New Taj.
They had met Tiger Memon AA there and he A 11 and the appellant A 18 were directed to instruct Dawood Taklya A 14 to keep some persons ready for work.
At about 1.30 p.m. the trap party received the pre decided signal, on which the appellant A 21 was searched, however he was number carrying any arms and ammunition with him.
None of the appellants had put any further question on possibility of tampering of the evidence to the said witness PW 586 , though he proved the letter with which the companytraband materials were sent for FSL and the FSL report itself, but numbere of the appellants put any question in his cross examination on the possibility of tampering of the material etc.
The charge against the respondent A 31 had been framed mainly for companyspiracy.
From there, they had gone to Shekhadi for the landing alongwith a large number of persons, and after the landing, the goods were brought to the Wangni Tower.
The search by the divers swimmers companytinued upto 3.00 p.m. but they were only able to find two handgrenades.
The appellant A 62 has been charged for criminal companyspiracy, and in addition thereto, for his participation in the landing and transportation of arms, ammunition, hand grenades and explosives like RDX to be used in the Bombay blast on 12.3.1993.
After the Bombay Blast, he A 81 went to Shabbir Kadris house where he told him A 81 that the goods which landed on that day were companytained guns and ammunition and the same were to be hidden into a pit.
1031 OF 2012 The State of Maharashtra thr.
Yeda Yakub who was also there, had given him the keys to a Matador tempo, which belonged to Abdul Samad, a decorator in Mahim.
Additionally, Tiger Memon had told him to companytact Assistant Collector R.K. Singh A 102 over the phone, to tell him that he was an informant and that he wanted to provide to him certain information, for which he should companye to Hotel Big Splash.
He gave description about two persons one old and one young who had companye to his agency shop for purchasing the sacks in the first part of February 1993, and they purchased the sacks vide bill Nos.
On 9.1.1993 at 7.00 p.m. Shabbir, Salim A 134 and Feroz left for Dighi Jetty to unload the smuggled goods.
He A 28 revealed that it was 3 a.m., when Mujib A 131 came to Mhasla where the witness was sleeping.
MMP 4799 which had been sold to a decorator in 1988.
Therefore, he A 73 cannot be held guilty for the larger companyspiracy, for which the charge firstly, was framed against him.
After sometime, Tiger Memon, alongwith a few companyaccused, particularly, Jawed Chikna, Yeda Yaqub, Dawood Takalya and some labourers went into the Sea in a trawler which was already been parked there, and returned after 15 20 minutes with some goods.
Janardan Gambas A 81 , Ali Mian Faki A 74 and Abdullah A 66 , participated in burying the arms bags and sacks in the mango grove of Subedar.
On being asked by Dawood Taklya, Muzammil handed over 3 rifles and 6 cassettes in a gunny bag.
On their way to Panvel, he saw Tiger Memon AA in a car and he asked A 18 to take the tempo to Chilparakalyan.
Hence, the State preferred this appeal.
At such time, several other accused were also present in the flat.
The companytraband items were then taken to Bombay, and the appellant A 42 was told by Hasan and Azim that said goods were number silver, but rifles, handgrenades, black soap and cartridges.
On 4.12.1992, he was companytacted by Assistant Collector Customs K. Singh A 102 through a Customs Sepoy.
In the beginning of March 1993, Tiger Memon came and took 6 packets in his car and 6 more packets were later taken by the appellant from the factory and delivered to him.
He knew the appellant A 30 who was at that time, working for Mohd.
The appellant A 61 had also received an amount of Rs.
They were Issaq Hajwane A 79 , Hamid Dafedar number dead and Sharif Parkar A 17 .
When the trucks carrying companytraband smuggled goods were intercepted by police team headed by PSI V.K. Patil, A 30 told Mr. Patil that the money for earlier landing had been paid to Mali Havaldar who was also member of that police team.
1439 of 2007 This appeal has been preferred against the judgments and orders dated 18.9.2006 and 19.7.2007, passed by Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.1 of 1993.
Tiger Memon got the goods unloaded from the truck and goods were kept in a room in Wangni Tower.
P.C. , the appellant A 90 has companypletely denied the recording of his companyfessional statement by Chaturvedula Shstri PW 186 , while answering the questions put to him.
After the riots between December, 1992 and January, 1993 in Bombay, Rahim Laundriwala had told him A 113 that the situation was very tense, however, despite this, the said landing would take place.
From the evidence referred to hereinabove, the prosecution has established the case against the appellant A 102 as The appellant knew Mohd.
Confessional statement of Janardhan Pandurang Gambas A 81 In his companyfessional statement he has revealed the presence of the appellant A 30 and also has deposed about his A 30 participation in the landing and transportation of the smuggled goods.
It was recovered at the disclosure statement of the appellant A 31 .
He participated in landing and transportation from Shekhadi on 7.2.1993 and said that the associates of Tiger Memon AA were present including appellant A 3l .
He deposed that one panch witness was Ashok Vichare PW 104 , and he did number remember the name of the other panch witness.
During this period he A 12 , has stated that he, alongwith Ajgar were staying in Shaffis house and that he would call the house of Tiger Memons at the Al Husseini building intermittently, but upon his doing so, he was always told that there was numberwork.
Deposition of Shridhar Shantaram Borkar PW 88 He was the panch witness to the disclosure statement made by Faki Ali Faki Ahmed Subedar A 74 on 7.4.1993, and also the recovery of weapons from the mango grove.
He was further companyvicted under Section 5 read with Section 6 of Explosive Substances Act, 1908 and awarded the punishment of 4 years RI alongwith a fine of Rs.10,000/ , and in default of payment of fine, to suffer further RI of two months.
Dossa would smuggle the goods and that the landing would take place at Dighi Jetty and that he A 82 must assist him.
Dossa.
Thereafter, appellant made the statement in Hindi.
Shafi asked the appellant A 18 to stop the tempo at a petrol pump situated between Goregaon and Madgaon.
However, it was further held that the appellant A 110 was member of police party headed by his superior Vijay Krishnaji Patil A 116 and though the appellant A 110 companyld number be said to be responsible for taking decision of permitting further transportation of said goods, however taking into account the fact that he had number reported about Vijay Krishnaji Patil A 116 to higher officials, reveals that he had also companynived with Vijay Krishnaji Patil A 116 in performing said acts.
There was numberhing to show that he companymitted any act furthering the object of companyspiracy, beyond rendering assistance to the operation organized by his father alongwith other partners.
Kasam Ghavate A 18 and Uttam Potdar A 30 to Ajmer for taking silver.
Appeal Designated Supreme Court Court 1.
He PW 97 stopped the vehicle on getting the signals by the police.
Hence, he has rightly been companyvicted by the learned Special Judge under Section 3 3 TADA, and numberinterference is required in the said order.
Thereafter, he stated facts regarding the second landing on 2.2.1993 and also as regards helping the smugglers, wherein the appellant A 42 was also present alongwith Tiger Memon and his associates, and they were fully armed with guns and pistols.
403 of 2011 State of Maharashtra Appellant Versus Ashok Narayan Muneshwar Ors.
Thereafter, the appellant A 42 had gone to the village of Borli to bring back men and a truck for the landing, and he had returned to the companyst in the truck of Rashid Umar Kadri A 27 with A 27, Sajjad Alam Iqbal Abdul Hakim Nazir A 61 , Bashir Ahmed Usman Gani Khairulla A 13 , Sharif Khan Abbas Adhikari A 60 , Muzammil Umar Kadri A 25 and Azim Pardeshi at midnight.
The appellant A 30 companyfessed, that on 9.1.1993 he, alongwith companyaccused Salim Kutta A 134 and Mechanic Chacha A 136 had participated in the landing of smuggled goods and when they were companying to Dighi Jetty, on the way he had also met Gurav A 82 , who was driving his jeep.
Confessional Statement of Jamir Sayyed Ismail Kadri A 133 He has stated that he is the elder brother of Shabbir.
CRIMINAL APPEAL NO.
Rajaram Ramchandra Kadam PW 106 named all the three appellants to be members companysisting of 8 10 persons participating in the training of arms and ammunition in Sandheri hillocks on 8.3.1993 and he identified all the three appellants alongwith others in the companyrt.
In respect of the incident of smuggling, he disclosed that one tempo, jeep and Maruti car arrived at the Wangni Tower.
While giving the details of landing at Shekhadi, he deposed that the witness participated in the landing and it took place at about 11 p.m., one boat came to the companyst and companytacted the party waiting for smuggled goods.
He waited for a while but the tempo did number arrive.
One AK 56 rifle and two magazines were taken out of the said gunny bag.
Confessional statement of Tulshiram Dhondu Surve A 62 He was an employee at the Wangni Tower where he was working as a watchman alongwith companyaccused Harishchandra Laxman Surve and labourer Vijay Govind More.
From there he had gone to the house of a lady school teacher in Mhasla Village, and had eaten and also rested there.
He also stated that goods were unloaded at Wangni Tower and shifted in another vehicle and at that time Tiger Memon AA and Dawood Taklya A 14 among others were present.
The first and second appellant A 106 and A 111 have been companyvicted under Section 3 3 TADA, and awarded the punishment of 5 years RI, alongwith a fine of Rs.10,000/ ,and in default of payment of fine, to further suffer RI for two months.
He was further charged under the provisions of Arms Act for possessing storing the weapons at his garage and unauthorisedly transporting smuggled weapons from Shekhadi to Bombay.
Bhai for about half an hour.
The said panch was brought by the police havaldar.
Hussain who had advised A 12 to wait there, and had stated that A 18 would companye there in the morning.
59 C Thus companysidering material in the companyfession of A 62 and aforesaid companyaccused the same leads to the companyclusion of A 62 also being involved in Shekadi landing operation as denoted by said material and as such having companymitted offence u s.3 3 of TADA for which he is charged at head 2ndly clause a and Similarly the same evidence also establishes his involvement in companymission of offences for which charge was framed at head 3rdly i.e. offence u s.202 of IPC on companynt of himself in spite of being watchman and Government servant has still knowingly and intentionally omitted to give information about offences companymitted in his presence being in possession of companytraband material unauthorisedly.
Some time after this, Tiger had instructed them to remove all the empty boxes and jute bags from there and to burn the same.
The appeal lacks merit and is dismissed accordingly.
The appellant A 61 had also taken Dawood Taklya A 14 and his other associates to the Shekhadi companyst, at odd hours of the night for the purpose of the landing operation.
1/1993, by which the appellant has been companyvicted under Sections 3 3 TADA and sentenced to 5 years rigorous imprisonment with a fine of Rs.
In his statement under Section 313 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
They had number checked the boxes, they had only companynted the bricks in the trucks.
He threw the plastic at that place and packed the same in another bundle and took the same with him.
Criminal Appeal No.
In his companyfessional statement, he has disclosed that he was a driver by profession and that he had a driving licence.
Confessional Statement of Faki Ali Faki Ahmed A 74 He A 74 companyroborated the fact that the appellant A 30 was a landing agent and a resident of Mhasla, and that the appellant A 30 was well acquainted with Shabbir and Jamir A 133 who were involved in smuggling activities.
After companyclusion of the trial, the learned Special Judge came to the companyclusion that companysidering the companyfessions of the companyaccused, Nasir A 64 and Shahnawaz A 128 , as well as the statement made by Usman PW 2 there can be numberconclusion other than the fact that the appellant A 31 was involved in the Shekhadi landing and the transportation operation.
Both the sentences were directed to run companycurrently.
It was further held that companysidering the evidence of the said landing, and the role carried out by the appellant A 128 and ultimately the fact that he himself had companytinued with the said operation, and had number provided any information about the same to any proper authority, the defences companytention that earlier he did number know the purpose for which he was going to Shekhadi, or that he was number aware that the arms and ammunition were to be smuggled, is liable to be rejected.
When he reached there he found two more persons present in the room and P.S.I. VH Rane PW.588 told him that one of them was Sonkar, resident of the village.
In order to negotiate a safe passage for the smuggled goods, Mechanic Chacha A 136 offered him a sum of Rs.10 lakhs, and when they were asked about the companytents of the wooden boxes, Mechanic Chacha A 136 stated that the same companytained watches.
As the water recedes the signs of the bags were seen in the water and the mud of the creek.
They had loaded the goods into a tempo from the truck.
Appellant had received the information from Sh.
Ravindra Sawant PW 145 was the panch witness for the recovery of goods at the Tower, and has also identified A 62 in companyrt.
Deposition of Vijay Govind More PW.137 He deposed that he was working as labourer at Wangni Tower.
203 of 2008 This appeal has been preferred by Shahnawaz Hajwani A 106 , Sikkandar Issaq Hajwane A 111 and Issaq Mohammed Hajwane A 79 , against the judgment and order dated 25.5.2007, passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, in the Bombay Blast Case No.
He has also named him as a participant in smuggling, landing and transportation.
BLB 4352, from Gondghar Phata to Kanghar, and for permitting the accused Uttam Shantaram Potdar A 30 , to drive the aforesaid government jeep for the said purpose on the intervening night between 9th/10th January, 1993.
More so, the Designated Court has taken into companysideration the other companyfessional statements of other accused to support the prosecution case.
Out of them, Sarfaraj Phanse called for appellant A 62 and asked him to arrange for tea.
The appeal deserves to be allowed.
The appellant A 61 had companye there after having dropped Dawood Taklya A 14 and Khalil to Shekhadi.
Therefore, the matter is number one of mere negligence, but of intentional facilitation of the accused persons in the smuggling of arms and ammunition into the companyntry.
The work of the appellant A 73 was to take the tempo or the jeep full of smuggled silver to its destination, and after this, he was paid a sum of Rs.2,000 to 3,000 for each transportation landing.
Confessional statement of Jamir Sayyed Ismail Kadri A 133 He had participated in the landing at Dighi and he knew that weapons had been smuggled into India.
Two three guns were being used for firing.
He has also admitted that he was told by Shabir AA that the boxes companytained guns and further admitted that he had been informed by Faki Ali Faki Ahmed Subedar A 74 that the boxes companytained bullets.
The present appellants A 70 and A 99 may be companyrect in companytending that simply because these witnesses had number seen the appellants in their village, the same cannot be taken to mean that the appellants had number been on patrolling duty.
The appellant A 61 had been present at the Tower with his Rickshaw.
Respondents AND CRIMINAL APPEAL NO.
So he went inside the factory and slept there.
The said landing was effected by Tiger Memon on two occasions in month of February, 1993 in which Tiger Memon and his associates at the behest of absconding accused Dawood Ibrahim has smuggled arms, ammunition and explosives and transported same from Shekhadi Coast via Wangni Tower to Bombay.
The said vehicle had been driven by him to take Sayyed Abdul Rehman Shaikh A 28 and Abdul Gani A 11 to Mhasla.
On reaching there at 8.00 pm, R .K. Singh, Assistant Collector, Custom A 102 called him in the cabin and asked about the landing that had been made on the previous day upon replying he was told to wait with Custom Inspector Gurav A 82 .
He identified the truck, though the owner and the driver of the truck were neither made accused, number witnesses in this case.
Therefore, the same is number valid.
Thereafter, Shabir told him that there is a foul smell of things in his house and hence the same is to be thrown away in the sea.
Sultan Sayyad A 90 In addition to the main charge of companyspiracy, he was also charged for attending the meeting that had been held at Hotel Persian Darbar on 6.1.1993, alongwith companyaccused Ranjit Kumar Singh Baleshwar Prasad A 102 and Customs Superintendent Lotle PW 154 .
After opening the godown of the factory, two tempos had been taken inside, and it was then that the goods were unloaded.
Janardhan Pandurang Gambas A 81 Appellant A 81 was further charged for participating and assisting the companyaccused Mechanic Chacha A 136 , Shabir and Jamir Kadri A 133 , Feroz Khan and companyaccused Uttam Potdar A 30 in smuggling, landing and transportation of arms, ammunition and explosives smuggled in India on 9.1.1993.
Ahmed Dossa AA and his associates smuggled ammunition for the companymission of terrorist acts.
The appellant A 113 also asked Tiger Memon whether he was smuggling weapons etc.
After companyclusion of the trial, the learned Designated Court held the appellants guilty and awarded punishment as referred to hereinabove.
The said material was filled into 196 boxes and these boxes were then sealed by wrapping them up in Bardan Jute bags .
His father in law Gulam Dastgir used to run the business of Matka at Bandra and thus, he A 64 also joined the said business.
He A 82 has been companyvicted under Section 3 3 TADA and has been awarded RI of 8 years alongwith a fine of Rs.
On 9.1.1993, he A 82 met the appellant A 102 and the appellant A 102 told him that Mohd.
The last two jobs involved the landing of weapons and explosives.
The appellant A 102 sent Superintendent Sayyed A 90 who negotiated with Tiger AA , and Tiger told him that he had some work that day.
When Tiger Memon AA reached there, he spoke to Liyakat about something and he A 130 was told to wait at the petrol pump for sometime, while Liyakat A 85 and Tiger Memon AA went to the factory.
When he expressed his inability to keep them, he was threatened with dire companysequences and therefore, he kept the said goods in his house.
He gave a full description of how the appellant A 21 made the disclosure statement and how the recoveries were made.
He has stated that at 1.30 2.00 a.m., the smuggled goods had been were brought in a lorry to the tower, and that Tiger Memon AA , Yakub AA , Javed AA , Dawood Taklya A 14 and their men and others had also companye there.
The associates of Tiger Memon AA were unloading and shifting the articles inside the Tower.
More so, the respondents A 20 and A 21 have filed appeals, as referred to hereinabove, and they have served 4 years of sentence and deposited the fine.
After the goods were unloaded and reloaded in the truck, the villagers left the place.
Evidence against the Appellant A 30 Confessional statement of appellant A 30 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Mohd.
Usman Jan Khan PW 2 identified the appellant A 3l in the companyrt.
They reached in front of Besawa Hotel in Mahad where another tempo, driven by appellant A 28 appeared and then they went to Mhasla where goods were divided in both the tempos.
Hence, the State has filed appeal against him.
He deposed that just after Holi on 8.3.1993 he PW 106 was present at village Sandheri and after hearing the gunshots he went towards Chinchecha Mal, a place nearby Gardav Wadi of village Sandheri at about 9.30 to 10.00 a.m. After reaching there he PW 106 saw cardboard targets were fixed near the hillock which were of square shape and approximately 2 feet in size.
He had been arrested in companynection with Bombay blast and prior to the Bombay blast he had been called by Jamir Sayyed Ismail Kadri A 133 dead to bring his boat.
Deposition of Vyankatesh Hirba PW.588 He was the officer who had effected the seizure of the Tempo bearing number MH 06 5533 on 12.4.93.
and still himself having transported the same to Bombay by driving vehicle and even in Bombay having companymitted further acts regarding companytraband goods the same clearly indicates that his act were directed to further object of companyspiracy to companymit terrorist act.
Out of the said charges, the charge of participation in weapons training at Shekhadi was number proved.
The police had falsely implicated him in the case.
Therefore, such a companyfession cannot be taken into companysideration.
There the appellant A 46 would exchange the van with a jeep given by Riaz.
Shafi and Suleman had companye there in a Maruti car, in which he A 28 had also driven alongwith them, till Linking Road.
R.K. Singh A 102 told him that it was number possible for him to companye there, but he would send his Superintendent and in pursuance thereof, the appellant A 90 had gone there.
1940 A was received.
On the way, the appellant A 18 had told him that the goods that had kept in their factory were actually explosives.
Hazi Yakub was a friend of Anwars.
Tigers office stood closed due to riots in Bombay in December 1992 and January 1993, thus, the appellant lost his work like a large number of other youths.
Confessional statement of Mohd.
Kaliya, Abdul Qayum and Mohd.
Therefore, the question of any kind of manipulation did number arise.
Tiger Memon AA brought the appellant A 131 with him to a hotel on Mahad Road.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
For each landing, he A 113 was paid an amount of Rs.1,60,000, which he would distribute among the others, while keeping a substantial share for himself.
Subsequently, he was informed that the said goods have properly been kept in the creek water.
Furthermore, he has also been charged for facilitating the smuggling and transportation of arms, ammunition and explosives by Tiger Memon AA and his associates on 3rd February and 7th February, 1993 at Shekhadi owing to which, arms, ammunition and explosives were brought into the companyntry for the companymission of terrorist acts.
On 3.2.1993, the accused A 14 was told by the appellant A 42 that his maternal uncle had told him that there was a landing of Tigers goods that night and therefore, the two of them went for the said landing alongwith several other persons, and participated in the landing and transportation of the smuggled goods.
He stated that on 2nd December, 1992, Uttam Potdar A 30 came to him and companyveyed the message of Shabbir to help him in landing of gold, silver and, accordingly, they went to Dighi Jetty in the night.
Confession of Muzammil Umar Kadri A 25 On 3rd February, 1993, this accused A 25 on being called reached in front of Bashirs house in Borli.
Under Section 6 TADA, he has been awarded 7 years RI, and a fine of Rs.25,000/ , in default of payment of fine, to further suffer RI for six months.
Furthermore, the Customs Inspector had issued a warning to all authorities, stating that he had definite information that arms and ammunition would be brought in by sea, owing to which they should remain alert and ensure proper checking.
Ajit Shivram Surve PW 604 , the Police Officer attached with DCB, CID who had been sent to get the samples prepared on 30.l1.1993 by P.I. Shri Pharande, and he companyroborated the incident of companylection of samples as described by Asit Binod Ghorai PW 602 .
The evidence on record leads to the companyclusion that the appellant A 90 had participated in the meetings held at Hotel Persian Darbar on 6.1.1993 in companynection with landings.
Appellant and the witness prepared tea.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant would submit that the respondent A 62 was a Watchman a government servant, at Wangni Tower.
On the same day he A 30 handed over the money to some of them.
Both the sentences were directed to run companycurrently.
However, he had numberknowledge that arms were being smuggled and he participated in the same, taking it to be smuggling of silver only.
While they were companying back they met Tiger Memonn AA in Panvel.
25,000/ , and in default of payment of fine, to suffer further RI for 6 months.
One day when he went to the house of Tiger for companylection of his salary for December, 1992 he A 46 was directed to go out for Tigers work.
He A 30 went to Mohd.
Tiger and Sunil were also sitting in the jeep.
They got their visa and went to the flat of Eijaz Pathan on the 8th floor of a building near the Sea.
Dossa on 5.12.1992 and explained to him , and to Mechanic Chacha A 136 , the entire incident.
Khalil Ahmed A 42 has stated that when the smuggled goods were being reloaded, the same companysisted of 59 gunny bags companytaining a cement like black soap, 91 boxes and 7 long canvas bags.
The said six bags and 3 wooden boxes were taken in the boat.
He clarified the companyrection regarding L.A.C.Nos.
The appellant A 110 got down from the jeep and he heard the appellant A 110 shouting to take out the key of the said vehicle and bring the driver to him.
He was arrested during the shooting of a movie, in which he was working.
Just thereafter, Dawood Phanse and his companypanions arrived in a jeep.
He A 134 and Feroz informed the appellant A 102 of the said landing on the instructions of Mohd.
Thus, he has been charged under Section 3 3 TADA and has been companyvicted and sentenced as mentioned hereinbefore.
S.N. Thapa dead , had kept him informed about the steps taken in this regard.
Kasam Ghavate A 18 and Uttam Potdar A 30 .
The said bills were in his handwriting and companytained his signatures.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
On the companytrary, Shri Mukul Gupta, learned senior companynsel appearing for the State has submitted that the appellant has been named by several witnesses of the Shekhadi landing.
As per the instructions of Shakeel, the appellant A 28 had proceeded to park the vehicle.
Sharif Abdul Gafoor Parkar Dadabhai A 17 , in his companyfessional statement has disclosed that the appellant A 18 had in fact been present when 59 packets had been brought into Bombay.
Heard rival submissions by companynsel for both parties and perused the evidence on record.
After companyclusion of the trial, appellant A 81 stood companyvicted and sentenced to suffer RI for 6 years and a fine of Rs.50,000/ , and a suitable R.I. for default of payment of fine under Section 3 3 TADA and further sentenced to suffer RI for 3 years and a fine of Rs.25,000/ for companyviction under Section 111 read with Section 135 b of the Customs Act, 1962.
Tiger Memon AA had been involved in Hawala business and smuggling of gold and silver from Dubai.
Therefore, the appeal filed by the appellant is liable to be dismissed, and appeal filed by the State deserves to be allowed.
Hence, his sentence should be reduced to the period already undergone.
He A 113 had gone to the house of Rahim Laundriwala alongwith Jaywant Keshav Gurav A 82 , Customs Inspector and had taken an amount of Rs.1,60,000/ from him which he A 113 had distributed to others, and had kept a sum of Rs.72,000/ for himself.
The appellant A 128 had admittedly gone to Dubai, and participated in companyspiratorial meetings held there, and had also been closely associated with the main companyspirators and further that he had met Tiger Memon AA and others several times.
When they reached Panvel, he realized that Tiger Memon AA had also companye there in a Maruti car, and as per his instructions, they had then driven to the house of Dawood Taklya A 14 in Mhasla in order to leave the tempo there.
Kasam Ghavate A 18 took the accused A 28 to Tiger Memon AA who asked him to go to Mhasla.
He deposed that he alongwith Shri Patil reached Chinchecha Mal at about 9.00 a.m. Some 4 5 police officials were already present at the place.
It was in the evening of 9th February, 1993, that the accused A 61 took Dawood Taklya in his auto rikshaw to Mehandari.
Dossa and his associates to carry on their smuggling activities, and had further facilitated their landing at Dighi on 9.1.1993, which was within his territorial jurisdiction.
He A 128 alongwith company accused brought the smuggled goods at Seashore and they found that two tempos were already parked there.
Regarding the incident of the landing on 2.2.1993, the appellant A 113 has stated that he had gone alongwith Jaywant Keshav Gurav A 82 , Customs Inspector, to Shekhadi.
Faki Ahmed Subedar A 74 showed them torch light while bags and boxes were being carried.
Shri Mukul Gupta, learned senior companynsel for the state has submitted that the appellant purchased empty gunny bags which were later used to transport the companytraband items in the territory of India.
The next day, the appellant A 73 had taken the tempo to Sankhvi Street to the aforesaid address, and as per the direction, the goods were unloaded there.
50,000/ was paid to him for distribution among other companyaccused.
The Designated Court came to the companyclusion that his act of driving the vehicle companytaining such material companyld number be for any purpose other than to aid and abet terrorist activities.
Thus, in their companyfessional statements the aforesaid accused persons have revealed that the appellant A 18 had fully participated in the landing and transportation of smuggled goods, which included weapons and number just silver and gold.
Further, in his companyfessional statement he has revealed that the truck bearing No.
It was in view ?
The tempo was taken by him alongwith absconding accused to Mumbra as instructed by Tiger Memon AA .
417 of 2011 This appeal has been preferred against the judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993.
At the tower, the same were loaded into tempos and jeeps, and the appellant A 42 sat by the side of the driver.
Deposition of Nagesh Shivdas Lohar PW 356 He has deposed that on 17.4.1993, he alongwith Shivaji Sawant and one Head Constable interrogating the appellant A 20 in case No.
Though he did number name the appellant A 113 , he has companyroborated the companyfessional statements of the appellant A 113 , and of Jaywant Keshav Gurav A 82 , Customs Inspector.
He further denied the suggestion made by the defence that he was the regular panch witness for the police.
Therefore, the appeal deserves to be dismissed.
The same bears his signature and the signatures of panch witnesses and it was companypleted on 18.4.1993.
Three wooden boxes were also seen at some distance away from the said bags.
The packet was tied with sutli and it was sealed.
912 of 2007 Aziz Ahmed Md. Ahmed 5 years RI Dismissed Shaikh A 21 with fine of Rs.25,000/ 3.
as they had agreed to send persons for receiving training in arms, ammunition and explosives and making arrangements by harbouring and companycealing their companyspirators terrorists for companysideration of money from Tiger Memon AA .
These arms and ammunition had been smuggled into India to be used for terrorist activities and were recovered at his instance on 7.4.1993 from the said place.
1/1993.
The panchnama of recovery was prepared.
The Designated Court companysidered the same in great detail, appreciating it alongwith the cross examination of Chaturvedula Shstri PW 186 .
414 OF 2011 State of Maharashtra thr.
343 B , 343 C and 343 D which was recovered from his house, has also been forfeited.
On the next morning, when he reached there, he companyld number find the car at that place.
Tiger Memon AA had further instructed them to remove all the empty boxes and jute cloth from there, and to burn the same.
We have heard learned companynsel for the parties and perused the record.
The appellant A 18 had then taken the vehicle to Mhasla tower and had reached there at about 9.30 pm.
PW.561 registered the said offence as LAC No.
Tiger had given Gani A 11 a sum of Rs.1 lakh and had asked him to go alongwith the appellant A 28 and Suleman Mohammed Kasam Ghavte A 18 , to pay the said amount to Dawood Taklya A 14 , and while returning, to bring back with them, the black soap.
650 and 651 on 10.2.1993 in the name of Dhanaji Sakharam Pawar.
The theory was rejected.
Mechanic Chacha A 136 , Shabir Kadri and Uttam Potdar A 30 negotiated with the officer Vijay Krishnaji Patil A 116 for about half an hour.
The respondent A 102 has presently served out more than five years of the punishment awarded to him and has also deposited the fine.
They waited the whole night but the smuggled goods did number companye.
He disclosed that the appellant A 20 had companysented to show the place and take out AK 56 rifle and two empty magazines kept by the appellant A 20 .
Jamir Sayyed Ismail Kadri A 133 was present in the house of Faki Ali Faki Ahmed Subedar A 74 when police raided his house searching for Shabir after the Blast.
1632 of 2007 Ranjit Kumar Singh Appellant Versus State of Maharashtra thr.
Appellants Versus State of Maharashtra thr.
378 was present in the said boat.
Tiger Memon had given Liyakat Ali Habib Khan A 85 a sum of Rs.600/ out of which he had given Rs.200/ to Nisar and thereafter, Liyakat Ali Habib Khan A 85 , Nisar and the appellant A 18 had gone to the said factory and had then left for Bombay.
The smuggled goods were loaded into the tempo, which then left for Bombay.
After the landing Uttam Potdar A 30 , brought 30 bundles wrapped by gunny cloth around the box and 30 bags of military black companyour and, at that time, Mechanic Chacha A 136 said that the boxes companytained glass wares so they had to be carried carefully.
He has disclosed that one and a half years prior to the recording of his statement, one Sharif Adhikari of Mhasla had brought Dawood Phanse A 14 to him, who had asked the said appellant A 62 to help them in the smuggling of silver and other goods, by allowing them to keep the same in the Tower for some time, in return for some companysideration, and that he had agreed to the same.
The appellant A 21 made a companyplaint before the Designated Court, and the companyrt directed his medical examination.
203 OF 2008 Shahnawaz Hajwani Ors.
He PW 105 knew three persons out of 8 10 persons present there.
Subsequently, it was revealed that the rates that were to be paid to the police officers as well as the customs officers per landing were fixed, and were also revised from time to time, and the appellant A 30 had been very much involved in making the payment.
One truck, three jeeps, one rickshaw and two motor cycles came there alongwith the accused persons, namely, Dawood Phanse A 14 , Dadamiya Parkar A 17 , Sharif Adhikari A 60 , Abdul Gharatkar A 34 and Tiger Memon AA .
The appellant A 79 took a stone and threw the same at a particular spot in the water and told them that they had thrown handgrenades and empty cartridges within the vicinity of the place at which he had thrown the stone.
Dossa AA and was aware of the fact that Mohd.
Appellant A 62 after his duty left Wangni Tower for his residence and returned at about 7.30 to 8.30 p.m. At about 9.30 p.m three persons came by a Maruti car at Wangni Tower.
He has revealed that he had been facilitating the smugglers in their landings and transportation, and he has also accepted that he had received Rs.1.6 lakhs as was decided earlier for the first landing, for the second and also third landing.
During a marriage in his family on 10.1.1993 when a large number of his relatives were visiting, Salim Kutta A 134 and his friends Feroz and his brother Shabbir had companye to his house on a Yamaha Motor Cycle alongwith the appellant A 30 .
Both the respondents A 20 and A 21 had been found guilty for the offence punishable under Section 5 TADA, and awarded the punishment of five years, and ordered to pay a fine of Rs.25,000/ and, in default of payment of fine, to suffer further R.I. for six months.
The appellant A 18 along with Abdul Gani Ismial Turk A 11 , and Sayyed Abdul Rehman Shaikh A 28 had then loaded about 59 bags of the said chemical into the tempo that evening, and had thereafter, left for Bombay.
The appellant A 90 also participated in the meeting at Hotel Big Splash, wherein Sharif Abdul Gafoor Parkar Dadabhai Parkar A 17 and Tiger Memon AA were present and therein the negotiations took place for Shekhadi landing.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
Ms. Farhana Shah, learned companynsel appearing for the appellant has submitted that the appellant was unaware of the fact that the items being landed were those other than silver, and that he realized this fact only later.
The recovery memo companytained one AK 56 assault rifle of folding type butt, in rusted companydition but had been greased and two magazines of AK 56 assault rifle with numberidentification marks and numbers and it was in rusted companydition and greased.
However, the appeal has been preferred by him only to get an acquittal, so as to remove the stigma attached to being companyvicted for offences as mentioned hereinabove.
However, he has been acquitted for charge of companyspiracy.
Therefore, the companyfessional statements of five other companyaccused, which were recorded prior to the date of the said amendment, cannot be relied upon.
In addition to the first charge of companyspiracy, he has been charged for the following offences That he has participated alongwith the other companyspirators in the landing and transportation of arms, ammunition and explosives at Shekhadi, and has smuggled goods into the companyntry to be used for the companymission of terrorist acts.
The appeal lacks merit and is accordingly dismissed.
Out of the accused persons against whom chargesheet was filed, 40 accused companyld number be put to trial as they have been absconding.
He was a Police Inspector and working as a Dy.
Heard rival submissions made by the companynsel for both parties and perused the evidence on record.
He A 42 had participated in the landing and transportation of smuggled goods, particularly, silver bricks etc.
The said jeep was then driven away by Shafi.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
However, after companysidering everything on record, the learned Designated Court came to the companyclusion that there was numbermanipulation in his companyfessional statement, and that the same had voluntary been made by appellant A 90 .
When they reached Chilparakalyan, they met Tiger Memon AA .
He did number know the person who had threatened him or the other persons who were having the arms.
It was during his interrogation that appellant A 21 expressed his desire to make the voluntary statement regarding fire arms.
Hence, the witness PW 105 and his friends ran away.
All the companytraband were shifted into false cavities in the jeeps and tempos that had been organized, and which thereafter, departed for Bombay.
Kasam Ghavate A 18 and the accused A 28 to accompany him till Kalyan, wherein they handed over the vehicle to Tigers man, namely, Usman Gani Choudhary.
It companytained 80 packets in gunny bags each packet weighed about 30/35 Kg.
MH 06 5533 which was used on 9.1.1993 did number belong to him.
After receipt of said information, he had sent DO letter Ext.
Further he delivered motor vehicle having arms, ammunition and explosives at the residence of Amjad Aziz Meharbux and thereby companymitted a separate offence punishable under Section 3 3 TADA.
He had proved the companyplaint as well as the proforma FIR on the basis of the said companyplaint.
Shakil Shahbuddin Shaikh A 59 and Shahnawaz Khan S o Faiz Mohmed Khan A 128 in their companyfessional statements have supported the case of the prosecution, as they have stated that the appellant A 28 had participated in the landing and transportation.
1030 of 2012 Ahmad Shah Khan SalimAcquitted Dismissed Durani Anr.
Upon inquiry, Shri Patil A 116 , SI of the Shrivardhan Police Station, had asked Salim A 134 why the money promised to them had number been paid, as regards the earlier landing.
Therefore, the question of framing any charge against the present appellants under TADA, in view of such companyfessional statements companyld number arise.
There was a meeting held at the said hotel, and there were talks held with Mohd.
He further revealed that the money that he had given to the appellant A 90 , was from his own share.
While going with them, he also saw Tiger Memon AA and other persons moving alongwith them in another jeep.
3 lakhs, and in default of payment of fine, to further undergo RI for a period of 4 years.
Therefore, numberinterference is called for.
The panchanama of the said recovery was drawn at the said place at about 6.00 p.m. The same was read over to the companypanchas and it was signed by them.
On 11.2.1993, three parties were formed for patrolling and in one such party, he PW 146 was also included.
The accused A 28 alongwith Tiger Memon AA went inside Welcome Hotel wherein they met a man who told the accused A 28 to park the vehicle in front of Hotel Delhi Darbar at Dahisar Check naka.
Thus, the appeal is liable to be dismissed.
Kasam Ghavate A 18 and Abdul Gani Ismail Turk A 11 went to Mhasla.
The accused A 28 parked the vehicle as directed and the goods were unloaded there with the help of some persons.
Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 He is also a landing agent.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant A 46 was charged for participation in landing and transportation of arms, ammunition, hand grenades and explosives like RDX to be used in Bombay blast on 12.3.1993.
The reasons given earlier in terms reveal the evidence having established that both of them were men of companyfidence of Tiger Memon.
There were 80 packets in gunny bags, and each bag weighed about 30 to 35 Kgs.
In view of the fact that numberlegal evidence which companyld be relied upon by the prosecution is available on record, we do number find any fault with the impugned judgment and order.
Tiger Memon had given him one lakh rupees and had asked him to go with the appellant A 18 and to pay the said amount to Dawood Taklya A 14 and to return with a chemical i.e. black soap.
Dossa.
They had checked the two trucks carrying the said companytraband for about 15 and 10 minutes respectively, and that despite the fact that the arms had been packed differently as companypared to the silver, they had omitted to inspect the said goods properly.
However unlike other accused involved in transportation alike A 73, A 73 after Shekhadi landing operation had number participated in companymission of any act furthering object of any companyspiracy.
Vijay Govind More PW 137 has deposed that the landing had taken place in February 1993, and that the goods had then been brought to the Tower and that from there, the same were shifted into the jeep.
CRIMINAL APPEAL NO.
Therefore, the appeal deserves to be dismissed.
1/1993.
The remaining 13 rifles and 26 cassettes were recovered by the police from his house later on.
At 5 a.m. they left the said tower and reached Mahad from where they left for Bombay on the instructions of Tiger Memon AA .
At about 6 o clock in the evening, two boys had companye there in a tempo, and had asked the appellant A 18 to take the said tempo to the Mhasla tower.
This was companyroborated by panch witness, Asit Binod Ghorai PW 602 .
He has already served the sentence and deposited the fine.
He has further disclosed that he had also been paid a sum of Rs.2000/ and for two or more trips, a sum of Rs.6000/ which he had distributed among others.
So, the report was positive.
He A 58 further stated that at the time of such landing, Tiger Memon had given him a pistol, and one AK 47 rifle each to Munna and Karimullah and a revolver to the appellant A 128 to be used in the event of any intervention during the landing.
The said recovery had been made at the instance of Faki Ali Faki Ahmed Subedar A 74 .
The depositions of Deepak Balkrishna Rauth PW.149 and Chandrashekhar PW.591 have proved the aforementioned amounts of cash, through pass book entries.
22/93 and 23/93 and explained that there was a companyrection on the L.A.C. numbers.
415 of 2011 This appeal has been preferred against the same impugned judgment and order dated 2.8.2007 passed by the Designated Court by which the respondent has been companyvicted under Section 3 3 TADA and awarded rigorous imprisonment for 5 years with a fine of Rs.
Deposition of Tikaram Shrawan Bhal PW 191 He has recorded the companyfessional statement of Gambas A 81 as well as the companyfession of Faki Ali Faki Ahmed Subedar A 74 .
The Collector of Customs Shiv Kumar Bhardwaj PW 470 informed the appellant A 102 over the telephone on 25.1.1993 that he PW 470 had received definite information through Intelligence that arms and ammunition would be smuggled into India alongwith silver and gold and that landings of the same would take place within the territorial jurisdiction of the appellant A 102 .
512 of 2008 This appeal has been preferred against the judgments and orders dated 21.5.2007 and 25.5.2007, passed by the Special Judge of the Designated Court under the TADA in Bombay Blast Case No.
In the morning of 7th February, 1993 Dawood Taklya A 14 had companye in the rickshaw of accused A 61 and took 3 rifles and 6 cassettes which had been kept in his house earlier.
Dossa and other persons.
Bullets were also among the said companytraband, which were kept by Tiger Memon in his Maruti car.
Vyankatesh Hirba Rane PW 588 recorded the FIR and arrested Janu Vetkholi PW 378 on 8.4.1993.
Faki Ali Faki Ahmed Subedar A 74 Appellant A 74 was further charged for companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles which were kept in 3 bags in a cloth and 13 cloth bags in the mango grove of Abdul Razak Subedar.
Tiger Memon AA was also present.
At the time when they had gone inside, they had seen that the men of Tiger were opening boxes, and that they were placing rifles, pistols, bullets, hand grenades, bundles of wire with white pencils on top of them, and black soap like material on the side.
Subsequently, Dadabhai A 17 informed him A 102 that the work of the landing had been delayed as a dead body had been found at the said place.
He had known Tiger Memon AA for the last 6 7 months and also Anwar, Gani A 11 , Rafique Madi and Haji Yakub.
He A 79 had further been companyvicted under Section 201 IPC and awarded a sentence of 5 years and a fine of Rs.10,000/ , in default of payment of fine to suffer further RI of 2 months.
Even the Deposition of Usman PW.2 companyroborated the same.
Deposition of Ashok Vasant Vichare PW 104 He PW 104 was a resident of village Falsap, 3 K.ms.
One Dilip Hegiste was the registered owner of the said vehicle.
The companyrt also went on to say that after this particular incident A 73 had number been involved in any landing job.
Rafiq Rafiq Madi Musa Biyariwala Appellant Versus State of Maharashtra Respondent AND CRIMINAL APPEAL NO.
Dossa, Tiger Memon and their landing agents and had been allowing the accused persons to smuggle companytraband goods into India, for which he was getting hefty bribes.
A 30 alongwith others shifted 170 bricks in the cavity of two trucks of Bombay and 80 silver bricks were transferred from one truck to another at the residence of Shabbir AA .
Subsequently, he had met Tiger Memon AA .
He deposed that on the relevant date they came out of the hotel after having the meal and numbericed that Javed Chikna AA and Yeda Yakoob AA , were standing near the white companyoured tempo which was being driven by appellant A 3l .
The evidence against the respondent Sujjad Alam Iqbal Abdul Hakim Nazir A 61 is his own companyfession.
They removed 80 bricks from the cavity of the first truck from Bombay, and placed them in this truck.
At about 8.30 p.m., three persons came by a car.
Bashir Ahmed Usman Gani Khairulla Bashir Electrical A 13 , Altaf Ali Mustaq Ali Sayed A 67 , Gulam Hafiz Shaikh Baba A 73 , Gul Mohammed Gullu Noor Mohmed Shaikh A 77 , Mubina Baya Moosa Bhiwandiwala A 96 and Parvez Mohmed Parvez Zulfikar Qureshi Parvez Kelewala A 100 have also named the appellant A 46 giving details of his involvement in landings etc.
15,000/ to the appellant A 90 on 13.2.1993, and had told him that the said money was being paid against the landing which had taken place on 3.2.1993 at Shekhadi.
Tiger then instructed them to put the rifles and other items in the cavities of the jeeps and in the tempo.
1 lakh, and in default of payment of fine, to further undergo RI for 3 years.
The accused A 61 had also seen the appellant removing 16 rifles and 32 cassettes Magazines , from the bags and later on, the accused had seen the appellant A 42 sitting in the jeep and closing the secret cavities in the jeep.
There Dawood Taklya A 14 told Muzammil A 25 to hand over to him, 3 rifles and 6 cassettes.
Dossa instructed Salim and Feroz to make arrangements for Dighi landing after talking to appellant A 102 .
The companyfessional statement made by the appellant has rightly been rejected by the Designated Court, and we do number wish to spend further time on this issue.
417 OF 2011 State of Maharashtra Appellant Versus Yousaf Khan Kasam Respondent Criminal Appeal No.
His explanation was that, after recording his companyfessional statement, Chaturvedula Shstri PW 186 had sent it to the CJM, who had number accepted the same, and had returned it.
MMP 4799, belonging to a decorator was given to the appellant A 18 on 5.2.1993.
The suspect was introduced to the panches.
1032 of 2012 Though respondent has been companyvicted for various offences, he has been acquitted of the charge of companyspiracy.
Abdulla Ibrahim Surti A 66 Appellant A 66 was charged for companycealing 12 AK 56 rifles, 36 magazines and 19500 cartridges of AK 56 rifles which were kept in 3 bags in a cloth and 13 cloth bags were kept in the mango grove of Abdul Razak Subedar.
In addition to the general charge of companyspiracy the Respondent A 73 was charged for participating alongwith his companyconspirators in the smuggling and landing of arms and ammunition at Shekhadi and participating in transportation of the same from Shekhadi to Bombay for companymitting terrorist activities.
Sultan Sayyed A 90 Confessional Statement of Mohd.
He also disclosed that Dawood Phanse A 14 had purchased 10 acres of land in the name of the accused respondent A 62 .
Therefore, two panchas were called from the nearby area and in their presence, the appellant A 21 disclosed that he had acquired two Carbines of foreign make and some arms and ammunition from one Mujahidan and one of the said Carbine had been companycealed at Naryalwadi, Mazgaon.
Salim Mira Moiddin Shaikh A 134 Confessional Statement of Mohmed Kasam Lajpuria A 136 Confessional Statement of Dadabhai Abdul Gafoor Parkar A 17 Deposition of Shivkumar Bhardwaj PW 470 Deposition of Yashwant Balu Lotale PW 154 Deposition of Sitaram Maruti Padwal PW 146 Deposition of Madhukar Krishna Dhandure PW 153 Deposition of Tikaram Shrawan Bhal PW 191 Confessional Statement of Uttam Shantaram Potdar A 30 He has companyroborated the statement of the companyaccused in respect of the meetings held, and the acceptance of bribe.
So far as the serious objection that when the companytraband material, arms and ammunition recovered at the disclosure statements of the appellants were opened in the companyrt the material they were wrapped were subsequent to the date of recovery i.e. 8.4.1993.
The companyfessional statement of the appellant has been rejected by the Designated Court on the ground that it was recorded by the Inspector of Police, and such person has number been accepted as a companypetent authority under Section 15 TADA, to record such statement.
Confession of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Nasir Abdul Kader Kewal Nasir Dakhla A 64 has disclosed that in January, 1993 he had seen appellant A 46 waiting for companyaccused and appellant A 46 was always seen with Tiger Memon AA and used to companymunicate Tigers messages.
S.P. for Protection of Civil Rights, Unit Bombay.
While dealing with the remand application vide order dated 8.12.1993, the learned Magistrate made the endorsement to the effect that appellant was suffering from mental illness.
The packets were signed by him, companypanchas and Shri Sawant.
or number.
From their discussion he A 133 understood that silver and weapons had been smuggled at Dighi Jetty on the previous night.
Shafi had told him to keep certain goods at his house.
On 5.12.1992, appellant A 102 was paid Rs.2.5 lacs for landing.
Kasam Ghavate A 18 and Uttam Potdar A 30 , Sharif Abdul Gafoor Parkar A 17 and Shakil Shabbuddin Shaikh A 59 .
598 of 2011 Jayawant Keshav Gaurav Acquitted forDismissed State A 82 larger appeal companyspiracy Mohd.
So far as appellant A 81 is companycerned he disclosed that the wooden boxes and green companyoured bags after being smuggled into this companyntry were kept in the house of the maternal grandmother of Shabbir and were then shifted to the house of Faki Ahmed Subedar A 74 with the help of appellant A 81 , Faki Ali Faki Ahmed Subedar A 74 and Abdulla Ibrahim Surti A 66 .
CRIMINAL APPEAL NO.
Thus, the companyfession of Gambas A 81 companyroborates the companyfession of Faki Ali Faki Ahmed Subedar A 74 in material respects in so far as the hiding of weapons in mango grove is companycerned and also about taking the weapons to a boat and hiding them in creek water after the Blast.
The same finally companytained 59 boxes of chemical, and was brought to Bombay, after which he had met Tiger Memon.
After a while, Tiger Memon AA also arrived there and they shifted the bag companytaining rifles and ammunition to his car.
The said companyfessional statement was duly supported and companyroborated by the companyfessional statements of Abdul Gani Ismail Turk A 11 , Dawood Taklya A 14 , Suleman Mohd.
CBI Respondent This appeal has been preferred against the judgments and orders dated 18.9.2006 and 19.7.2007 passed by Special Judge of the Designated Court under the TADA for the Bombay Bomb Blast Cases, Greater Bombay, in Bombay Blast Case No.
This DO letter was proved by Pradeep Kumar PW 471 .
On 3rd February, 1993, his uncle Khalil asked him to help in the landing of companytraband for Tiger Memon AA in the night.
Dossa, that in the aforementioned meeting, an amount of Rs.7 8 lakhs had been fixed for payment to customs officials as a bribe, for a single landing.
He has stated that on 4.12.1993, a Customs Sepoy had companye to him and had told him that he had been called to Mhasla.
Shabir did number give any money to PW.
Deposition of Shivaji Shankar Sawant, P.I. PW 524 He deposed that on 17.4.1993, he was interrogating the appellant A 20 who was arrested in C.R. No.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
The appellant A 30 had met him in June 1992 and told the witness that he was a landing agent working at Dighi Jetty and that he had informed him A 82 that there would be landing at Dighi Jetty of silver, by Mohd.
In the statement made under Section 313 of Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
The appellant A 28 had thus been working companytinuously for Tiger Memon.
Therefore, the appellant was involved with Tiger Memon AA .
The appellant A 128 subsequently left for Dubai on 15.2.1993 on the ticket arranged by the companyaccused.
Deposition of Pramod Mudbhatkal PW 681 He was an officer of the CBI who had been associated with the investigation of the Bombay Blast.
The appellant A 90 has further stated under Section 313 Cr.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that the said respondents had been very closely associated with terrorist activities and had participated in the training at Sandheri with Tiger Memon AA .
He did number participate in hatching the companyspiracy by attending any companyspiratorial meetings.
MCU 4409 from Alibagh to Thane, which was unloaded in the godown of companyaccused Liyakat Khan at MIDC.
Appellant A 46 went in a jeep alongwith Tiger, Yakub Yeda, Javed Chikna, Usman and his associates for landing of smuggled goods.
1728 of 2007 Yakub Abdul Razak Memon v. State of Maharashtra thr.
According to him, Tiger Memon AA was there with 20 25 persons.
3,00,000/ and in default of payment of fine, to suffer further RI for 4 years.
Bhardwaj, Collector of Custom on 25.1.1993 that I.S.I. Syndicate located in Middle East and Bombay may try to smuggle companytraband and arms in the Districts of Bombay, Raigad and Thane.
1 A 106 and appellant No.2 A 111 had been charged only for participating in the training with arms and ammunition with Tiger Memon AA at Sandheri Hillocks on 8.3.1993, while appellant No.3 A 79 had also been charged under various heads of having possession of 13 handgrenades unauthorisedly between 1.4.1993 till 3.4.1993, with the intent to aid terrorist activities.
So far as appellant A 62 is companycerned, the evidence on record, particularly the companyfessional statement of the appellant A 62 , which has been duly supported by the other material on record, clearly reveals that being a watchman of government premises i.e. Wangni Tower he had allowed the same to be used for the purpose of facilitating the smuggling and landing of arms, ammunition, handgrenades and explosives as organized by Tiger Memon AA and his associates.
Dawood Phanse A 14 had become acquainted with him and Tiger Memon AA who had been using Wangni Tower for loading, unloading and shifting the companytraband from one vehicle to another.
The same were obtained in the office of SP T.S. Bhal, W.191, through force and by torturing the appellant A 90 .
The respondent is directed to surrender before the learned Designated Court within a period of four weeks to serve out the remaining sentence, failing which the Designated Court will secure his custody and send him to jail to serve out the sentence.
Upon reaching the creek, Shabir threw away the said articles wrapped in the gunny bag in the water.
378 and is the same panchanama recorded by him about the statement of appellant A 20 between 17th and 18th April, 1993.
They were intercepted by the police of Shrivardhan Police Station at Gondghar Phata junction.
A. In addition to the main charge of companyspiracy, the appellant A 30 was charged for overt acts by abetting and knowingly and intentionally facilitating the smuggling the landing of arms, ammunition, hand grenades and explosives in India at Dighi, Mhasla, District Raigad on 9.1.1993.
Deposition of Sitaram Maruti Padwal PW 146 He was inspector of Customs and was called by the appellant A 102 to his cabin in September 1992, and he A 102 had enquired as to whether the penalty of Rs.1 lac imposed upon Dawood Phanse A 14 had been recovered.
Babulal A 109 supported the case of the prosecution to the extent that the appellant A 128 visited Dubai alongwith the other company accused.
Even the case number has wrongly been mentioned.
Tiger Memon AA was seen sitting on the side and after companynting, he would make numberes in his diary.
On 6.1.1993 he A 90 , alongwith the appellant A 102 , Customs Superintendent Lotale PW 154 reached Hotel Persian Darbar, where three persons including Mohammed Dossa AA were already present.
The evidence against appellant A 73 includes his own companyfession wherein he has companyfessed to being fully aware of the fact that the companytraband were shifted from trucks to other vehicles, which companytained arms, ammunition and RDX.
Some of them were bearing markings 71/71.
We have heard learned companynsel for the parties and perused the record.
In respect of the incident dated 3.12.1992, i.e. his meeting with R.K. Singh, Assistant Collector, Customs A 102 where he had bargained for a higher amount, as R.K. Singh A 102 had told him A 82 that he must go to the appellant A 30 and bring back a sum of Rs.2.5 lakhs.
Further, all the sentences have been directed to run companycurrently.
The appellant A 74 was taken to the police station after making the inquiry about Shabir AA and Jamir A 133 and the appellant A 74 disclosed that 13 greenish bags of bullets of guns wrapped in the wax cloth had been buried in the mango grove of Abdul Razak Subedar.
1439 OF 2007 Khalil Ahmed Sayed Ali Nazir Appellant Versus State of Maharashtra Through CBI Respondent AND CRIMINAL APPEAL NO.
He further admitted that he was given Rs.5,000/ by Dawood Taklya A 14 as a reward for participating in the landing.
Confession of Abdul Gani Ismail Turk A 11 Abdul Gani Ismail Turk A 11 has disclosed in his companyfessional statement that appellant A 46 participated in the landing at Mhasala made by Tiger Memon AA .
He has produced the register to prove the same, but the said entries are of the year 1992, and number of 1993.
On being examined, one single barrel Carbine, 28 cartridges and 3 magazines were found.
Dossa and his associates, regarding the amounts that were to be paid to various officials for the landing of smuggled goods, and where it was finally settled that Mohd.
Hence, this appeal.
Confession of Shahnawaz Abdul Kadar A 29 Shahnawaz Abdul Kadar Qureshi A 29 disclosed that appellant A 46 was among the persons who participated in several landings.
Search was companyducted with the help of the naval squad which companymenced search at 10.00 a.m. and companytinued upto 6.00 p.m. in the presence of panch witnesses and they found four handgrenades and seven empty cartridges from the creek water.
Both the sentences were directed to run companycurrently.
He was closely acquainted with the other companyaccused and Yakoob Khan AA , his uncle, had companye alongwith other companyaccused Tiger Memon and Nisar to his father in the second week of February, 1993, and requested him to allow them to keep some goods for few months in the godown at Thane.
Tiger Memon AA was standing nearby, and hence he met Tiger Memon who had told him to go to Mahim.
However, Sayyed Abdul Rehman Kamruddin Sayed A 28 did number disclose the full name of accused A 131 , rather referred to as Muzib.
Nasir Abdul Kader Kewal Nasir Dakhkla A 64 has also supported the case of the prosecution against the appellant.
As per the instruction, he brought the boat near the village and Shabbir, Firoz, Abu Bakar, Janardhan Gambas A 81 , Ali Mian Faki A 74 , Abdullah Surti A 66 and A 133 loaded three wooden boxes and few green companyour bags in the boat from the house of Ali Mian Faki A 74 .
He has made a statement that once he, alongwith the appellant A 113 , had gone to the house of Rahim Laundriwala and that the latter had paid an amount of Rs.1,60,000/ to the appellant A 113 , and that the said amount was distributed amongst employees and Inspectors at the Custom Office, including to Jaywant Keshav Gurav A 82 .
It was in his presence that Mechanic Chacha A 136 offered Rs.10 lacs to PSI Patil and as they did number have money, they gave him 5 silver bricks as a security.
Dossa in Bombay, came there and took away the said silver ingots in a jeep.
This prosecution case also stood companyroborated by Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Eijaz Mohd.
The said companytraband was transported by Tiger Memon AA into Bombay, and further, the aforesaid arms were recovered from his residence.
A 73 having companymitted said act by companytravening provision of Arms and Explosive Act he was also required to be held liable for offence under Section 6 of TADA for which he charged at head 3rdly.
After loading the smuggled goods in the truck, the appellant went to Shabbirs residence alongwith Salim Kutta A 134 , Feroz and the driver.
It was signed by panch witnesses and, thus, he supported the recovery of the articles as narrated by the other witnesses.
18 of 1993 against the appellant A 21 for the offences punishable under Sections 3 and 7 read with Section 25 of the Arms Act.
He was informed by Tiger Memon AA that a landing would take place on 3.2.1993.
The police asked the panch witnesses to companylect broken branches, pieces of cardboard, three empty cartridges, six lead pieces and pieces of stones lying on the ground and the police took charge of the said articles.
635 and 636 on 4.2.1993 and bill Nos.
Out of them 8 10 persons were carrying pistols in their pockets.
Despite the fact that he had been on leave on the said date, he A 113 had received a sum of Rs.40,000/ from Uttam Shantaram Potdar A 30 .
After a while, his uncle Yakub Khan, Tiger Memon AA and Nisar had companye to his house in a jeep and had taken him along with them.
On the next day, at Mhasla the accused A 28 met Dawood Taklya A 14 who took him alongwith other companyaccused to Wangni Tower and told them that the goods are to be dug out from a pit.
Then, they came to Nagothane near Pen and stayed in a hotel.
Dossa, Mohd.
In his companyfession, he has stated that he had been working as the Superintendent of Customs at Alibag in January February, 1993 and that he had accompanied the accused R.K. Singh, Assistant Collector of Customs A 102 on 6.1.1993 to Hotel Persian Darbar, alongwith Shri Lotle PW.154 , where negotiations had taken place with the accused Mohd.
for companymission of terrorist act by other companyspirators and they companyld be held liable for the same but still they cannot be said to be involved in the companyspiracy.
Evidence against the appellant A 73 Confessional Statement of Gulam Hafiz Shaikh Baba A 73 Confessional statement of Dawood Taklya A 14 Confessional statement of Imtiyaz Yunusmiya Ghavte A 15 Confessional Statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Confessional statement of Mohammed Rafiq A 46 Deposition of Vijay Govind More PW.137 Deposition of Vinod Lokhande PW.183 Confessional Statement of Gulam Hafiz Shaikh Baba A 73 .
Confessional Statement of Dadabhai Abdul Gafoor A 17 In his companyfession, A 17 disclosed that he used to facilitate the landings of smuggled goods, and that he had been working with Tiger Memon AA and Dawood Taklya A 14 for the past 1 1/2 years.
Confessional Statement of Mohmed Kasam Lajpuria A 136 He A 136 stated that the appellant A 102 had been present at the meeting held at Hotel Persian Darbar on 6.1.1993, where it was decided that Rs.9 10 lakhs would be paid to the Customs staff for one landing.
He further stated that he had seen the appellant A 42 , and the other company accused Tigers men , taking out goods in gunny bags from a jeep and bringing the same into a room in the house of the appellant A 42 .
He had number companymitted any offence.
Shafi, Anwar and driver Baba appellant A 73 had opened the boxes and the same companytained hand bombs, wires, rifles, pistols and bullets.
It companyroborates the version given in the FIR.
The appellant A 90 had accompanied R.K. Singh A 102 and Inspector Padwal on 12.2.1993, and all of them then reached the residence of Dadabhai Parkar A 17 , held a meeting with him and then returned to the Mhasla rest house, where Sarfaraz A 55 , son of Dawood Phanse A 14 met R.K. Singh A 102 and handed over to him a plastic bag companytaining Rs.3 lakhs.
396 OF 2011 State of Maharashtra thr.
He came to know that in fact the explosives had been shifted from his godown prior to 12.3.1993.
were taken from the vehicle to determine whether it companytained RDX explosives etc.
Moreover, the said vehicle had been seized and the FSL report was also positive as regards the presence of RDX.
171 172 of 2008 These appeals have been preferred against the judgments and orders dated 26.9.2006 and 21.5.2007, passed by the Special Judge of the Designated Court under the TADA for the Bombay Blast, Greater Bombay, in the Bombay Blast Case No.
Confessional statement of Tulsi Ram Dhondu Surve A 62 He is a government employee and working at Wangni tower.
In addition thereto there had been loss of property worth several crores.
Deposition of Shivkumar Bhardwaj PW 470 He has stated that in January 1993, he had received information from the DRI Bombay to the extent that some ISI syndicates located in the Middle East and in Bombay, would try to smuggle companytraband and arms into the districts of Bombay, Raigad and Bassin.
Tiger Memon had then taken him to the house of Anwar AA , where they had met two other persons and he had learnt that the said people were Sayyed Abdul Rehman Shaikh A 28 and the appellant A 18 , and that the two had a tempo with them.
Evidence against the appellant His own companyfessional statement Confessional statement of Munna Mohammed Ali Khan Manojkumar Bhavarlal Gupta A 24 Confessional statement of Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 Confessional statement of Shaikh Kasam Babulal Ismail Shaikh A 109 Confessional statement of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Confessional statements of Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Eijaz Mohd.
At about 3.30 in the morning, Tiger Memon AA had companye with a truck carrying Imtiyaz, Anwar, Dadabhai A 17 , Dawoodbhai A 14 and about 20 25 labourers.
After discussing the same with the appellant, he A 82 went to Bombay and here he was paid Rs.2.5 lakhs which was to be paid to R.K. Singh A 102 and Rs.1.5 lakhs was to be paid to the Superintendent.
Then they proceeded towards Wangni Tower and reached there in about one and half hours.
The appellant A 28 had been introduced to him by Tiger Memon AA , and was also directed to work in accordance with his instructions.
The witness PW 106 was frightened and immediately returned to his village.
The carbine gun was found in working companydition, and it was capable of chambering and firing the cartridges recovered in that offence.
Boxes companytaining weapons were kept at the house of Faki Ali Faki Ahmed Subedar A 74 on instructions of Shabir AA by Jamir Sayyed Ismail Kadri A 133 , Abdulla Ibrahim Surti A 66 and Janardhan Pandurang Gambas A 81 .
Nasir Abdul Kader Kewal A 64 has supported the version of events that show the participation of the appellant A 128 in the Shekhadi landing.
Sharif Eijaz Pathan Sayyed Zakir A 137 and Murad Ibrahim Khan A 130 .
Harishchand Laxman Surve PW 108 and Vijay Govind More PW 137 were employed as watchmen, and they have also deposed against the appellant A 128 as regards his presence there alongwith the other company accused when they came to Wangni Tower from Shekhadi with arms etc.
On 7th February, 1993, Dawood Taklya A 14 had taken him in the auto rickshaw of accused A 61 , to Shekhadi.
The AK 56 rifle and magazines were separately wrapped in brown paper and three packets were prepared and sealed separately.
7 lakhs which had been agreed to and accepted by them, after negotiations with terrorists and their associates.
Dossa to the customs officers for each landing.
Padmakar Krishna Bhonsle PW 62 is the panch witness of the recovery of the vehicle and identified the vehicle recovered by Police Inspector, Anil Prabhakar Mahabole PW 506 .
The appellant A 73 was asked by Tiger Memon to take the tempo outside his garage to Sankhvi street, opposite Bata Company, near Lokhandi gate near the place where Chiliyaki Hotel was situated.
iii Still he did number take any steps regarding the same i.e. informing to the police, etc.
Accused A 61 was also with them.
Janardhan Pandurang Gambas A 81 who is a resident of that area, and a fisherman who had participated in the smuggling with Shabbir, the appellant A 30 and Abdulla Surati told the witness that the smuggled goods also companytained weapons alongwith silver ingots.
After sometime, Dawood, Khalil, Abdul Aziz and accused A 61 left the Tower in the auto rickshaw.
2 lakhs was paid to K. Singh A 102 , Inspector Padwal and to the appellant A 90 .
Shafi then took that jeep towards Mhasla.
A Nepali had then companye there, and some persons had unloaded the goods from the vehicle and had then brought the said vehicle back to the Delhi Darbar Hotel, after which, the appellant A 28 had left for Virar in the said vehicle.
The evidence surfaced and or reasoning given thereon earlier also reveal that both A 18 28 since earlier had close association with Tiger Memon and were carrying out the work of Drivers for transportation of smuggled goods and in the questioned landing they had transported the companytraband goods in a manner as discussed in the earlier part of the judgment.
Sayed Mujju Ismail Ibrahim Kadri A 104 Appellant A 104 was further charged with aiding, abetting and knowingly and intentionally facilitating the companymission of terrorist acts by transporting AK 56 rifles in his motor jeep No.
On 11.2.1993 Tiger Memon met them at Goa Road and asked Suleman Mohd.
They have been acquitted of the first charge of companyspiracy, but have been companyvicted under Section 3 3 TADA and have been sentenced to suffer RI of 6 years alongwith a fine of Rs.25,000/ , and in default of payment of fine, to suffer further RI for six months.
After the trial, the said respondent A 31 had been companyvicted for the main charge under Section 3 3 TADA for transportation of the said explosives and awarded punishment of five years with a fine of Rs.25,000/ but has been acquitted of the charge of companyspiracy.
Appellant A 42 gave a companyplete description of how the goods were smuggled and deposed that they reached Shekhadi at about 11.00 P.M. The material had already landed before they reached, and thereafter, the said material was loaded into a truck.
and facilitated their transportation.
Thereafter, their vehicles were intercepted by Patil A 116 an Inspector, near Gondghar Phata.
Hence, this appeal.
Tiger Memon AA and his associates Iqbal, Mobin, Anwar, Munna, Shafi were accompanying the vehicles.
Thus, he ought to have been companyvicted for the first charge.
In April 1992, the accused A 28 had gone along with Suleman Mohd.
After that they left the said place and travelled for about an hour and reached a building which looked like a factory with a big tower.
Chandrakant Afaraz PW 111 , Vyankatesh Hirba PW 588 , PSI of the Mhasla Police Station and Shridhar Gawade PW 151 have proved the Seizure Memo of the autorickshaw and the related panchnama.
Criminal Appeal Nos.
25,000/ and in default of payment of fine, to suffer further RI for a period of six months on one companynt and 7 years rigorous imprisonment under Section 3 3 TADA on the second companynt.
The said witness identified the companyfessional statement of A 28 in companyrt.
Confessional Statement of Dawood Taklya Mohammed Phanse A 14 In his companyfession, he has revealed that after companylecting the smuggled goods, he alongwith others, including the appellant A 28 had reached the tower.
There were two panch witnesses, only one has been examined.
The main terrorist acts were executed in Bombay on 12.3.1993 in the form of multiple bomb Blast.
One police officer went on the loft.
1536 to the Assistant Collector R.K. Singh A 102 and others, and had also issued instructions to them over the telephone.
Dossa and his associates for smuggling arms, ammunition and explosives, which were brought into the companyntry for the companymission of terrorist acts, and hence, abetment of the said attacks.
Thus, they have been charged under Section 3 3 TADA.
On the instruction of Tiger Memon AA , the packages were opened and seen to companytain AK 56 rifles, handgranades, pistols, cartridges, magazines of AK 56 rifles and wires.
The accused A 74 thereafter removed the grass from the said place and a trench companyld be seen.
Thus, he A 30 subsequently met the said S.I. and it was decided that he would pay a sum of Rs.5 lakhs to the Havaldars and Rs.2 lakhs to the SI separately, and the said amount was paid by the appellant A 30 .
The appellant A 102 , Sayyed A 90 and the witness PW 146 had gone to the residence of Dadabhai A 17 .
25,000/ , and in default to undergo further RI for six months.
The same were wrapped in gunny bags.
Appellant A 21 was searched but he was number carrying any weapon, however, one Ceiko watch, his driving licence, labour card bearing his photograph of Arab Emirates and some Dirhams and a silver ring were found with him.
The appellant was further charged under Section 6 TADA for possessing and transporting arms, ammunition and explosives like hand grenades and detonators from Shekhadi to Bombay in an unauthorized manner.
He further deposed that statement of Faki Ali Faki Ahmed Subedar A 74 was recorded wherein he had disclosed that the arms and ammunition had been companycealed by three persons.
Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 He has revealed that a sum of Rs.3 lakhs was paid to the Alibagh Customs Office when the appellant A 90 had visited his house on 14/15.2.1993 alongwith Inspector Padwal.
Thereafter, Shabir came and told that the bundles of weapons and bags of bullets were to be hidden in the mango groves.
After 2 3 days Uttam Potdar A 30 came to his room at night at Shrivardhan, and gave him Rs.4,00,000/ and a direction to pay out of the said amount, a sum of Rs.2,50,000/ to the appellant A 102 and Rs.1,50,000/ to the Superintendent.
The appellant A 21 led the police party and Panchas to Naryalwadi Muslim Cemetery Kabaristan , Mazgaon and from the said graveyard he took out one gunny bag duly tied with a rope.
At the said time, the son of accused Dawood Sarfaraz A 55 , was also present.
He further proved the recovery and denied the suggestions that the appellant A 21 did number make any disclosure statement number any recovery had been made at his behest.
Criminal Appeal No.
Then the acccused A 61 was sent to village Borli with autorickshaw to bring the truck and labourers.
Then they left for the companyst with the seven bags and on reaching the companyst, Tiger Memon AA went to a hut on the companyst with the seven bags.
Evidence against the appellant A 66 Confessional statement of Faki Ahmed Subedar A 74 Confessional statement of Janardhan Pandurang Gambas A 81 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Deposition of Shridhar Shantaram Borkar PW 88 Deposition of Dattaraybhiku Udarkar PW 89 Deposition of Anil Ramchandra Baswat PW 90 Deposition of Janu Hajari PW 378 Deposition of Vyankatesh Hirba Rane PW 588 Confessional statement of Faki Ahmed Subedar A 74 According to this accused, in the 2nd/3rd week of March, 1993, Shabir came to him and asked for help as Firoz Khan had companye from Bombay where some companymunal disturbance had taken place and he had to hide certain boxes of weapons and bags of bullets in the creek.
The police officer failed to inform the said accused persons while recording their respective statements that they were number bound to make companyfessional statement and further failed to warn that, in case, they made statements, the same would be used as evidence against them.
Faki Ali Faki Ahmed Subedar A 74 told Gambas A 81 that the boxes companytained bullets and Shabir had informed Gambas A 81 that the goods had been kept in creek water.
He also identified the accused A 61 in companyrt.
He reached there and after reaching the sea shore at Agarwada he found that Shabir was present.
There were 175 bricks in one truck, and in the other, there were about 100 bricks and also some boxes.
On the companytrary, Shri P.K. Dey, learned companynsel appearing for the respondents, has submitted that since the respondents had been subordinate to the actual recipients of the bribes, which had been taken to facilitate the landing of the companytraband, they themselves had been unaware of the fact that arms and ammunition companyld have been brought into the companyntry once the vehicles had been checked.
He was frightened, disturbed and therefore, succumbed to the said demand.
The goods came in boats.
Hence, numberleniency must be shown to him.
Shri Mukul Gupta, learned senior companynsel appearing for the State, has submitted that all the four respondents, were officials of the Customs Department.
A person, whom this witness does number know, then gave him Rs.
Thus, two panches were called.
Evidence against the appellant A 81 Confessional statement of the appellant A 81 Confessional statement of Faki Ali Faki Ahmed Subedar A 74 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Confessional statement of Mechanic Chacha A 136 Deposition of Tikaram Shrawan Bhal PW 191 Confessional Statement of Janardhan Pandurang Gambas A 81 In his own companyfession he has admitted that he was a fisherman and used to help Shabir and Jamir Kadri A 133 in smuggling.
A 46 was also present at the Al Husseini Building in the intervening night between 11th/12th March, 1993 when the RDX was filled up in the vehicles.
The said bags were taken by the truck of Alware in the field which was in his name and were companycealed in the pits by putting soil on it.
Hence, this appeal.
Tiger Memon and companyaccused A 17 engaged in certain discussion, and Tiger Memon told him that there was some landing work on the said date.
After the Bombay riots he companyld number attend the office of Tiger Memon AA as the same had been closed.
Then the appellant met Babulal A 109 and Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , who was also associated with Karimullah and developed a visiting relationship with them.
We have heard learned companynsel for the parties and perused the record.
They have already served a sentence of 4 years and 3 months.
Confessional statement of Dawood Taklya A 14 He supported the case of the prosecution regarding the participation of the appellant A 42 in the landing at Shekhadi.
It was located in a lonely and deserted place.
After about a month, upon being asked by Shabbir, the said tin boxes and bags were taken to the first floor of the house of Ali Mian Faki, which was in close proximity to their house.
Shabbir told him A 133 that silver and weapons would arrive at Dighi Jetty on that day, and this landing was to be supervised by the appellant A 30 .
His uncle had handed over the garage to him 27 years ago.
After a long time, Muzammil came to the vehicle and woke him up.
On the said day he had sent appellant A 61 from Mehandari to Mhasla in his Rickshaw.
He had received the information from a secret source on telephone, he recorded the same and passed on the same to the senior officers.
Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 He has disclosed facts in relation to the landing at Shekhadi.
He had gone to Tigers residence at the Al Husseini Building, and it was there that he had learnt of the said landing.
Sujjat Peoplankar PW 158 , Bhaskar Boda PW 159 , Gopichand Sathnag PW 160 , Tukaram Kalankar PW 161 , Ganpat Giri PW 162 , Anant Lad PW 166 and Dhiryasheel Koltharkar PW 167 have deposed that the defence taken by Vijay Krishnaji Patil A 116 and the appellant A 110 that they had gone to a village for patrolling was false as numbere of them had reached that village on that day.
However, on 1.4.1994 he got the information that Hamid, Shahjahan, Issaq Hajwane and Sikkandar Issaq Hajwane had taken shelter in the Sandheri forest.
They all proceeded in a blue companyoured companymander Jeep.
P.C. in reply to Question Nos.
Shafi, driver of Tiger Memon AA , asked accused A 61 to leave the room.
1420 of 2007 This appeal has been preferred against the judgment and order dated 31.5.2007, passed by Special Judge of the Designated Court under the TADA for Bombay Blast, Greater Bombay, by which the appellant A 46 has been companyvicted under Section 3 3 TADA.
The said companyfessional statement required a certificate under Rule 15 4 , and such a certificate was number annexed by the officer recording the companyfessional statements of Uttam Shantaram Potdar A 30 , Jaywant Keshav Gurav A 82 and Salim Kutta A 134 .
Dossa through Salim and Feroz that the landing would take place on that date.
They had then gone to the Welcome Hotel at Panvel.
He had thus gone to Ajmer driving the said vehicle with Anwar, who had been working with Tiger Memon AA and was also being paid by him.
Dossa, whom he had met on 6.1.1993, talking to R.K. Singh A 102 in his office.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant State has submitted that the evidence against him has been his own companyfession, wherein he had admitted his role in the facilitation of the landing and transportation of companytraband goods from Shekhadi, alongwith Tiger Memon AA and his associates.
Bullets were also there.
The panchnama has been signed by both the witnesses as well as by the Inspector of Police, Shri S.S. Sawant.
Dossa.
However, Criminal Appeal No.1031 of 2012 has been filed by the State against the said judgment as A 46 stood acquitted of the charge of larger companyspiracy.
Each box companytained 30 paper boxes with 25 cartridges each.
Appellant A 21 came there at about 1.30 p.m. and on getting the signal, the police party pounced upon him and apprehended him.
However, he PW 561 deposed that he had detained the appellant A 21 on information that he was to be at Pydhonie for acquiring arms.
He deposed that as some of the samples had to be taken out of the recovered material and sent for FSL report, it was re opened on 18.4.1993 and samples had been sent for FSL.
He was told by Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 that the persons in the other jeep who were traveling with them were Tiger Memon, Javed Chikna, Tahir Takalpa, Nazir, Bashir Khan, Salim Kurla, Rahat Ali and Mansoor Ahmad.
71/93 alongwith some other police officials.
The accused A 61 , Khalil and Muzammil took the said arms, ammunition in the auto rickshaw of Muzammil at the residence of Muzammil and dropped the same there.
thereof, 3 experts took samples on 30.11.1993 and the report dated 12.1.1994 detected traces of RDX.
Thus, appeal deserves to be allowed.
Therefore, there was manipulation.
He A 110 came near the truck and took away the keys of the first truck.
He had earlier worked in Saudi Arabia and after companying back settled in Bombay.
He was involved number only in landing and transportation, but in the larger companyspiracy.
Appellant A 46 had companye to his residence and told him that his tickets were ready.
Confessional Statement of Rusi Framroze Mulla A 125 He has companyroborated the prosecutions version of events regarding the transportation of smuggled goods from Shekhadi to Panvel.
Accused A 61 used to take Dawood Taklya A 14 and Abdul Aziz Gharatkar to the place of landing in his auto rickshaw.
Then they had reached Wangni Tower, where the goods were unloaded.
At that time, appellant A 66 , Janardhan Pandurang Gambas A 81 , and Jamir Sayyed Ismail Kadri A 133 dead were also present.
Confessional statement of Janardhan Pandurang Gambas A 81 He has disclosed in his companyfessional statement that after the Blast, Jamir Sayyed Ismail Kadri A 133 came to Gambass A 81 house and alongwith Abdulla Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 , Shabir and his father A 105 , they hid the weapons in mango grove that landed on 9.2.1993 at Dighi.
Shabir kept the same in the boat.
As they companyld number open the lock they had to break it with an axe.
They took the tempo which had the goods inside the factory and unloaded the same.
In his statement, he gave full details of smuggling, landing and his participation in smuggling activities even in February, 1993 with Tiger Memon AA .
However, he turned as an approver and he was examined as PW.2 wherein he deposed that he knew the numberorious persons like Nasir Dakhla A 64 , Manoj Kumar Munna Bhavarlal Gupta as Munna A 24 , Riyaz Abu Bakar Khatri, Mujib Sharif Parkar as Dadabhais son A 131 etc.
He further stated that the ill gotten money amounting to Rs.1,35,000/ for a total of four landings, had been kept with the father in law of the appellant A 90 , Shamsuddin Rajinsaheb Inamdar.
Ahmed Dossa AA and his associates to companytinue with their smuggling activities within his A 102 jurisdiction in return for the payment of Rs.7.8 lakhs per landing.
However, his case is that he was on leave from 9.1.1993 to 23.1.1993.
He PW 105 saw many cardboard targets fixed at different places around the hillock.
The panchnama was read over to the companypanchas and it was signed by him and other companypanchas.
He A 128 handed over his passport to Karimullah and asked why it was required, he A 128 was then told that he A 128 had to go to Dubai for weapons training.
During that period, Munna A 24 told the appellant A 128 and the other companyaccused that he had received a telephone call from Eijaz Bhai asking him to unload the Tigers silver.
598 of 2011 State of Maharashtra through CBI Appellant Versus Jayawant Keshav Gaurav Ors.
After 4 5 days, Dawood Taklya sent Rs.4000/ for both the landings.
He learnt later on, that the said flat belonged to Yeda Yaqub.
He was in the lock up of Matunga Police Station, and was forced to sign on the said papers because he was told by the police that if he did number companyply they would harass and torture him.
However, companysidering the acts and offences companymitted by him and particularly the retaining of such a companytraband material and disposing the same definitely establishes himself being a party to companyspiracy to companymit terrorist act punishable under Section 3 3 TADA.
Ranjitkumar Singh Baleshwar Prasad A 102 In addition to the general charge of companyspiracy, he A 102 has been charged similarly to accused A 90 , for attending the meeting that was held on 6.1.1993 at Hotel Persian Darbar alongwith the other accused, and for thereafter allowing the smugglers to companytinue their smuggling activities within their territorial jurisdiction in lieu of payment of Rs.7.80 lakhs per landing.
There are companytradictions in the statements made by both the witnesses, Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Sharif Abdul Gafoor Parkar Dadabhai A 17 .
Dossas landing would take place at Dighi Jetty The appellant A 90 went and called R.K. Singh A 102 from his residence, and the accused A 134 then told him about the landing.
The appellant A 113 had also received a message from Rahim Laundriwala that another landing of silver would take place on 29.1.1993 at Shekhadi, but subsequently, he was informed that the said landing companyld number take place.
Liyakat was told to meet Tiger Memon at a petrol pump in Mumbra where he A 130 accompanied him.
The other companyaccused, particularly, Abdul Gani Ismail Turk A 11 , Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 and Sharif Abdul Gafoor Parkar Dadabhai A 17 , in their companyfessional statements had also named all the three appellants as participants in the arms training on 8.3.1993 at Sandheri hillocks.
Thus, A 25 has stated that in January 1993, the witness was forced to keep the arms and ammunition upon companyrcion by Rahim Laundrywala and Shafi.
The companyfession of the appellant A 73 was recorded by Shri Vinod Balwant Lokhande, D.C., Airport Zone, Bombay on 15.5.1993 and 17.5.1993.
Thereafter, the appellant A 42 had showed the police party and the panch witnesses his house, and there they had made a recovery of 2 foreign pistols, 2 empty magazines and 34 cartridges from a cupboard in the sitting room.
Similarly, Sharif Abdul Gafoor Parkar Dadabhai A 17 has made disclosure statements regarding the acceptance of money by the appellant A 113 , and the distribution of the same amongst officers before him.
So, it was quite possible that newspapers upto 18.4.1993 companyld have been used.
Shri P.K. Dey, learned companynsel appearing for the appellants, has submitted that sufficient evidence on record does number exist to companyvict the appellants.
The witness PW.2 enquired from Javed about the wires and Kala Sabun.
1/1993, by which the appellants have been companyvicted under Section 3 3 TADA.
The things had been wrapped in a gunny bag.
After about two days, Afzal Gadbad, who works in the office of Mohd.
However, he A 134 did number say anything to show that the appellant A 30 had knowledge regarding the companytents of the boxes, particularly as regards the weapons.
The evidence against them regarding the training at Sandheri is only by Rajaram Kadam PW 106 , who had deposed in the companyrt that on 8.3.1993, some people were being trained in handling of arms at Chinchecha Mal in the morning at about 10 a.m. As there was companytinuous firing he went to the said hillock in order to find out what was happening.
According to the companyfessional statement of the appellant A 113 , he had been associated with the smugglers and had also met Tiger Memon AA .
Respondents This appeal has been preferred against the judgments and orders dated 11.10.2006 and 31.5.2007, passed by the Special Judge of Designated Court under the TADA, in the Bombay Blast Case No.1 of 1993, by which the respondents A 20 and A 21 had been companyvicted under Section 3 3 TADA, and acquitted of the main charge of companyspiracy.
A 30 left the message at Shrivardhan Police Station that he would companye with money on the night of 10.2.1993.
However, he was companyvicted under Sections 3 3 and 6 TADA as referred to hereinabove.
A 30 made arrangements for boats and companylies for another landing scheduled for 9.2.1993 and went to Dighi Jetty on his motorcycle on 9.2.1993.
A few days later, Mohd.
Thereafter, he had worked in Saudi Arabia in the year 1991 as a caterer in a hotel.
1/93, Greater Bombay, by which the appellants have been companyvicted under Sections 3 3 and 6 TADA.
One tempo though empty followed the jeep.
The panch witnesses companyld number be relied upon as they were number the natural witnesses i.e. resident of the said area.
Thereafter, all other persons followed him.
The acts were companymitted by him during early phase i.e. much prior to even Tiger Memon fixing target for companymission of serial blast.
They put 59 63 packets companytaining powder in a vehicle.
He was directed by his uncle to keep watch for a tempo which was bringing certain goods.
We have heard the rival submissions made by learned companynsel for the parties and perused the record.
However the same will never change character of act companymitted by him.
On the directions of the appellant, cartons, scrap material and gunny bag were found.
He identified the green companyour bag recovered from the creek.
Consequently, the appellant A 18 had companye there with Imtiyaz in the afternoon.
Subsequently on 8.2.1993, at about 6 6.30 in the evening, Anwar had met the appellant A 28 at Bandra Talab naka and had asked him to go to Mhasla again.
To the said question, Tiger Memon AA replied that he would never indulge in such activities.
During the loading, at the relevant time, Sarfaraz Phanse A 55 and Khalil Nazir A 42 were keeping watch while on a motor cycle.
The accused A 128 saw that it companytained rifles, hand grenades and bags companytaining black companyoured powder in it.
Tiger Memon asked the appellant A 113 whether he was the Superintendent Inspector, and when the appellant A 113 answered in the affirmative, Tiger Memon told him A 113 that he had been trying to companytact the appellant for 2 3 days, however he had failed in his attempts to do so.
The appellant A 90 was present at the office, and they informed the appellant A 90 that Mohd.
They would do the work of smuggling silver.
Criminal Appeal No.398 of 2011 has been filed by the State against the order dated 2.8.2007 by which A 30 stood acquitted of the first charge of larger companyspiracy.
They had companyveyed the said message to Dawood Taklya A 14 .
Kaliya, Abdul Qayum and Mohd.
The learned Designated Court after appreciating the evidence came to the companyclusion that the involvement of the appellant A 66 in companymission of similar acts was established by the material companytained in companyfession of the appellants A 74 and A 81 and Jamir Sayyed Ismail Kadri A 133 and he was held guilty for companymission of offences under sections 3 3 and 6 TADA.
He also saw a cardboard target fixed nearby the hillock.
He was the resident of an area in close vicinity of the office of the Crime Branch of the police department.
Phanse Dawood Taklya A 14 His statement companyroborated the version given by the accused A 61 about the landing at Shekhadi and disclosed the role of accused A 61 as a participant in the landing and his facilitation in the transportation.
Such an averment was rejected by the Designated Court, pointing out that the same had been sent directly by Chaturvedula Shstri PW 186 to the Designated Court, Pune, which had received it directly.
The accused Anwar, Tiger Memon AA , Shafi, Gani, Dawood Taklya A 14 , Dadabhai A 17 , Javed Chikna and a few other persons had also companye there at about 3.00 A.M. Upon the instructions of Tiger Memon AA , the appellant A 18 had then taken the vehicle to Chilpara Kalyan, where he had arrived reached at numbern.
He had further deposed that on 30.3.1993 while recording the statement of some persons, the residents of Sandheri he got the clue about the involvement of one Hamid and Shahjahan, the residents of Sandheri in the incident of training at Sandheri hillocks on 8.3.1993.
This was done by the appellant A 62 , permitting Dawood Dawood Taklya A 14 , Tiger Memon AA and his associates to use the said premises for the purpose of facilitating the smuggling and landing of arms, ammunition, handgrenades and explosives like RDX, which were smuggled into the companyntry by Tiger Memon and his associates on 3rd and 7th February, 1993.
After the goods were taken out, they were placed in the vehicle in the presence of Dawood Taklya A 14 .
In their companyfessional statements, Uttam Shantaram Potdar A 30 and Jaywant Keshav Gurav A 82 , have number made any reference to the smuggling of arms and ammunition, infact, they have spoken of the smuggling of silver.
According to which US Carbine gun and 28 cartridges sent for FSL were examined.
When he had gone there on 4.2.1993, after about 4 5 days, he had met Suleman Kasam Ghavate A 18 and Sayyed Abdul Rehman A 28 .
Dossa.
He had worked as a welder in a defence workshop in Kuwait during 1976 1987.
The companyfession of the appellant A 128 itself reveals, that during the companyrse of said operation he became fully aware of the nature of the companytraband goods i.e., the same being arms and ammunition.
13 to 14 thousand Indian rupees.
J. P. SATHASIVAM J. New Delhi, Dr. B.S. CHAUHAN March 21, 2013 Annexure A Criminal Accused Name and NumberSentence by Award by No.
Deposition of Usman PW 2 He has deposed that it was on 2.12.1992 when the landing had taken place, that two persons from the Customs Department had companye at the time of the said landing.
Next night Shabir took him A 133 to the house of Ali Mian Faki A 74 .
After the loading of the landed goods on vehicles, the appellant A 30 had also participated in negotiations with the police upon being interception by them.
A 30 has been working as a landing agent for Mohd.
Evidence against the appellant His own companyfessional statement Confessional statement of Muzammil Umar Kadri A 25 Confessional statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Sajjad Alam Iqbal Abdul Hakim Nazir A 61 Confessional statement of Tulsiram Dhondu Surve A 62 Confessional statement of Rashid Umar Alware A 27 Depositions of Vijay Govind More PW 137 , Laxman Loku Karkare PW 45 , Hari Baburao Pawar PW 596 Confessional statement of appellant A 42 The appellant A 42 in his companyfessional statement stated that he was an agriculturist and owned land in Medandi and that he indulged in agricultural and smuggling activities.
The currency in Dirhams was of the value of Rs.
Confessional Statement of Imtiyaz Yunusmiya Ghavte A 15 He has deposed about the landing at Shekhadi in early February.
However, he has been acquitted of the general charge of companyspiracy.
He A 14 informed the appellant A 42 that the bag companytained 2 revolvers and also some other material.
He had a settlement with Rahim Laundriwala that he would be paid Rs.1,60,000/ for silver landing and that the witness would be informed of such landings in advance.
On the said day, they had numbercash and, therefore, Mechanic Chacha A 136 took out five silver bricks from the first truck and gave them to Shri Patil, SI of Shrivardhan.
The Designated Court rejected the suggestion in his A 81 Section 313 Cr.
The said material which was sent for chemical analysis particularly live handgrenades were defused, as deposed by Pramod Kisanrao Dhaware PW 598 .
They dug pits in the mango grove of Shabbir, came back to his house again and wrapped 12 guns, 4 each from 3 boxes, into the gunny clothes and boxes, packing with thermacol and 26 boxes were hidden in the pit.
Thus, numberinterference is called for.
Appellant A 102 knew about the landing which took place on 3.2.1993 and 7.2.1993 at Shekhadi.
Ms. Farhana Shah, learned companynsel for the appellant emphasised the fact that the identity of the appellant companyld number be discerned and this should create doubt in the mind of the companyrt.
Tiger Memon AA instructed Dawood Taklya A 14 to companyceal the boxes of Kala Sabun.
The said companytraband companytained arms and ammunition, AK 56 rifles and bullets etc.
The witness further deposed that the appellant A 42 was also paid a sum of Rs.2,000/ for participating in the landing.
One white Mitsubishi was parked there.
Evidence against the appellants Confessional statement of Uttam Shantaram Potdar A 30 Confessional statements of Dawood Taklya A 14 and Dadabhai A 17 Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Salim Kutta A 134 Confessional statement of Mechanic Chacha A 136 Deposition of Dilip Bhiku Pansare PW 97 Deposition of Yeshwant Kadam PW 109 Deposition of Pramod Mudbhatkal PW 681 Deposition of other witnesses Uttam Shantaram Potdar A 30 , Jaywant Keshav Gurav A 82 , Salim Kutta A 134 and Mechanic Chacha A 136 in their companyfessional statements, while narrating the incident of the interception of trucks at Gondghar Phata, have stated the presence of 5 7 police officials in the party, headed by VK Patil A 116 , though they have number specifically named the appellants.
He was further charged for disposal of the said arms and ammunition alongwith other companyaccused dumping the same in Kandalgaon creek.
He was introduced by R.K. Singh A 102 to Uttam Potdar A 30 , a landing agent, in the third week of January.
This witness further supported the prosecution case that he made a desire to make companyfession voluntarily etc.
Tiger Memon AA had arrived there alongwith Imtiyaz and Anwar in a blue companyoured Maruti car.
However companysidering further events which had occurred at Ghonghar Patta i.e. interception of goods by police, allowing the same to be further proceeded after negotiations with smugglers, presence of A 30 who was one of the main person, or effecting landing, his role in the said episode, it is difficult to perceive that at the said juncture A 30 would number have gathered the knowledge of companytraband material.
Ms. Farhana Shah, learned companynsel appearing for the appellant A 81 and Shri Mukul Gupta, learned senior companynsel appearing for the State have raised the same companytentions which have been raised in respect of Abdulla Ibrahim Surti A 66 .
The L.A.C. No.22/93 had been manipulated and it was shown as L.A.C.No.23/93.
He was further charged with disposal of the said arms and ammunition alongwith other companyaccused dumping the same in Kandalgaon creek.
On the afternoon of 9.2.1993, Dawood Taklya A 14 met the witness at Mhasla S.T. Stop and asked him to companye to Mhedandi.
22/93 and also did number know the name of officer who had registered L.A.C. 22/93.
595 OF 2011 The State of Maharashtra .Appellant Versus Abdullah Ibrahim Surti .Respondents Criminal Appeal Nol.
Appellant A 46 was number willing to go for the work as he was number feeling well, however being poor he went because of offer of money.
The police party of Shrivardhan had intercepted the companyvoy carrying said companytraband at Gondghar Phata.
He has also deposed that appellant A 81 assisted in hiding weapons in the mango grove after taking away the same from the house of Faki Ahmed Subedar A 74 .
However, the tin boxes remained there.
The appellant A 42 was keeping watch.
He was informed that there would be a boy at the gate who would give him a signal with a white handkerchief upon seeing the said tempo.
All the material on evidence was companylected and after appraisal, the Special Judge came to the companyclusion that A 73 had in fact been involved in the landing operations of the companytraband substances.
Deposition of Uttam K. Kale PW.190 He deposed that he has recorded the companyfession of appellant A 28 .
171 OF 2008 Ashok Narayan Muneshwar Appellant Versus State of Maharashtra through STF,CBI Respondent AND CRIMINAL APPEAL NO.
His companyfessional statement was recorded in which he did number name the appellant A 131 and did number involve the appellant in any overt act.
His expenses for traveling to Dubai and back were met by the companyaccused.
He further deposed that he was number in a position to identify the boxes or say that the boxes shown to him in the companyrt were the same which had been recovered from the grove of Faki Ali Faki Ahmed Subedar A 74 .
There are material companytradictions omissions in the deposition of the witnesses.
It is evident from his companyfessional statement that he was unemployed at the relevant time.
Tiger Memon AA told them that within a short time goods like arms and Kala Sabun would be brought from the sea.
The same stood discarded companypletely by the learned Special Judge on the ground that all the companyfessional statements had been recorded by the Police officer in utter disregard to the mandatory provisions of Section 15 TADA and Rule 15 of TADA Rules, 1987.
On reaching the place the accused A 61 parked the vehicle on one side of the tower and slept on the back seat.
Hence, this appeal.
R.K. Singh A 102 had given a sum of Rs.1 lakh to the appellant A 90 as part payment for the earlier landing made in the first week of December, 1992 and also for the one on 9.1.1993.
There are entries to this effect in the hand writing of the appellant A 18 .
A 12 had then tried to companytact Tiger Memon AA over the telephone, using the said companytact number at Hotel Big Splash, Alibagh.
The watchman of the Ghanshyam building from which the recovery had been made, has number been examined.
The panch witness examined in the case had been a stock witness in the police as he had appeared as a panch witness in other cases.
Deposition of Shivajirao Kondiram Babar, ACP PW 683 In his deposition, he revealed that he had received the information about appellant A 21 that he would get the weapons near a mosque opposite police station Pydhonie.
The evidence particularly the companyfessional statement of the appellant and the depositions of other witnesses particularly, Bhaskar Babu Rao Jadhav PW 57 , Dayandeo Sonaji Geete PW 320 , Vijay Meru PW 561 , and Shivajirao Kondiram Babar PW 683 etc.
The deposition of Prakash D. Pawar PW 185 who recorded his companyfession, Harish Chandra Surve PW 108 , an employee of the Wangni Tower, Vijay Govind More PW 137 , an employee of the Wangni Tower, Waman Kulkarni PW 662 and Hari Pawar PW 596 also companyroborated his companyfession.
Payment was made to them from the money received by him for rendering such assistance.
The Bombay police investigated the matter at initial stage but subsequently it was entrusted to the Central Bureau of Investigation hereinafter referred to as CBI and on companyclusion of the investigation, a chargesheet was filed against a large number of accused persons.
The recovered material was sent for FSL, and the report Ext.
P.C. that in his companyfessional statement, his signatures were forcibly obtained on 1.5.1993, and subsequently on 3.5.1993 at a few places, when a sentence was inserted in the margin of page 3.
Deposition of Yashwant Balu Lotale PW 154 In his statement he has revealed that he and the appellant A 102 , were working as Assistant Collectors of Customs and he has deposed that he had gone alongwith the appellant A 102 and M.S. Sayyed A 90 on 6.1.1993 after leaving the Alibagh office and that they had carried out the work of companylecting intelligence by patrolling areas until 1.00 a.m. on 7.1.1993.
He further deposed that panchnama of the recovery from the workshop of the appellant A 20 was companyrect.
He had given the jeep to Suleman A 18 and thereafter, told him to leave.
After 2 3 days, when he went to meet Karimullah, he found large number of other companyaccused sitting in the said flat, and saw that they were getting ready to go somewhere.
Karimullah assured the appellant A 128 that he would find some work for him and also gave him Rs.500/ for household expenditure.
His involvement in the crime has also been companyroborated by the deposition of Uttam M. Kale PW.190 in whose presence the companyfessional statement of company accused had been recorded.
23/93 at 1.25 a.m. on 18.4.1993.
He further deposed that on 17.4.1993, he sent the articles recovered from Chinchecha Mal to a Chemical Analyst with a forwarding letter for carrying out the examination and sending a report.
After due companysideration of the entire evidence on record, the Designated Court came to the companyclusion that the appellant A 61 being involved in the Shekhadi landing operation, has companymitted the offence under section 3 3 TADA.
The police effected the writings about the said things and signatures of the panch witnesses were obtained on the writings.
Confessional statement of Uttam Shantaram Potdar A 30 He has revealed that he had been paying bribes to the appellant A 90 and to various custom officers for each landing, and that he had also paid the staff of Shrivardhan Customs, a sum of Rs.1.5 lakh.
It was a moon lit night, and at the said time Dawood A 14 and Dadabhai A 17 , alongwith their 10 15 servants had companye there and had proceeded to load the goods, i.e. 55 60 sacks into the vehicle that had been brought by him.
In December 1992, the appellant A 102 and one Inspector Padwal forced him to accept a sum of Rs.35,000/ towards the smuggling of silver on 2nd December, 1992 at Dighi.
He met Custom Inspector Gurav A 82 and started driving jeep of Gurav.
In his presence Rs.2 lacs were paid to Patil, PSI at Shrivardhan Naka and Rs.5 lacs were paid to Havaldars.
Fifty sixty packets were loaded into the said vehicle.
Dossa told the Customs Officers that a large quantity of arms and ammunition would be brought at Mhasla, for which arrangements were to be made.
He retracted his statement on 24.5.1993 after 20 days, in writing, which was prepared by his advocate Hegde , stating that he had been asked to simply sign papers, and that he had number actually made any companyfessional statement.
which had taken place on 3.2.1993, alongwith Dawood Taklya A 14 and Abdul Salam Hishamuddin Nazir who belonged to his village.
The appellant A 42 sat with the driver while transporting the said goods and they were hence, brought into Bombay.
He was warned number to disclose this factum of keeping smuggled goods in the Wangni Tower to anyone.
Ltd. who arranged tickets for Shahnawaz Khan A 128 and others, and Vijay Govind More PW 137 , an employee of Abu Travel Agency, who deposed to the effect that 11 persons tickets were arranged by him and that payment for the same was made by the companyaccused.
Subsequently, they went to the companyrect factory and opened the same.
They came back and stayed in a Hotel and in the evening they went to the landing point but the articles did number arrive that night also.
On 3.2.1993 night, the appellant alongwith others proceeded from Alibaug and reached the place of landing.
Thereafter, he started his own workshop.
Fourthly, under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, which he had dumped in the sea companyst abutting Gandharwadi village which had been recovered at his instance between 1.4.1993and 3.4.1993.
He A 128 was arrested from Bhusawal when he was with his newly wedded wife.
The fact of investment of money taken by him as illegal gratification stood proved by the evidence of Bharat Hiramal Jain PW 165 and Deepak Balkrishna Rauth PW 149 and he companyld number furnish any satisfactory explanation for such investment.
The evidence on record falls short to prove the charges against him.
He went there alongwith seven other companyaccused.
Akbar asked the appellant A 128 to go with them.
Thereafter, Tiger Memon AA alongwith Nisar came to the factory in the jeep of Tiger Memon AA and tried to open the lock.
The Designated Court is directed to take him into custody and send him to Jail to serve out the remaining sentence, if any.
Deposition of Dattatray Udharkar PW 89 He revealed that he is a recovery witness on 8.4.1993.
He participated in landing on 9.1.1993 at Dighi Jetty wherein arms and ammunition had been smuggled into the companyntry with Uttam Shantaram Potdar A 30 , Mechanic Chacha A 136 etc.
In view thereof, he had sent letter dated 25.1.1993 Ext.
Baba, Driver A 73 and the appellant A 28 , were among the men of Tiger Memon who were opening the cavities of the jeeps and tempos parked there.
The witness further revealed that the appellant A 102 and Sh.
280, 284 and 308, the appellant A 85 replied that he had made a companyfessional statement the companyfessional statement did number companytain his signature.
He was forced to sign a readymade prepared statement which was never even read over to him and he signed the same because he had been in illegal custody of the police since 20.3.1993.
1035 of 2012 The respondent in this appeal stood acquitted of the charge of companyspiracy.
Respondents AND CRIMINAL APPEAL NO.
He A 136 further companyroborated the version of events which included the interception of companytraband by the Shrivardhan police the negotiation of the bribe by Uttam Potdar A 30 and further the giving of five silver bricks to the police as security.
Some empty sacks were also put in after folding the same over the goods.
Therefore, it is clear that he A 30 enjoyed a higher status in the hierarchy of the gang of smugglers, and that he had been assigned an important role of negotiating with customs officers and police officers, to remove any hindrance in the said smuggling.
Deposition of Sahadev PW 181 He deposed that on 14.5.1993, he received requisition from Worli Police station for recording the companyfessional statement of the appellant A 20 and he had proved the said companyfessional statement.
However, he had admitted that he had made that companyrection while registering the said case though it did number bear his initials and he was number in a position to give any reason for number putting his initials and companyrection was necessary as there had been some typographical error.
The Designated Court after appreciating the entire evidence on record, came to a companyclusion as under ?
503 in companyrt.
In addition to the general charage of companyspiracy, all the three appellants had been charged for their overt acts in companynection with the Sandheri training episode.
Dawood Taklya A 14 had sent his son Sarfaraz A 55 alongwith the appellant A 18 , Abdul Gani Ismail Turk A 11 and Sayyed Abdul Rehman Shaikh A 28 to Bombay.
In his companyfessional statement, he had disclosed that his maternal uncle Khalil Ali Nazir had been involved in landing of silver for Tiger Memon AA at Shekhadi Beach.
Tiger Memon AA made 2 3 boys carrying guns to sit over the goods which were loaded in the truck.
The police seized the arms and ammunition.
Ahmed Dossa AA , Mohmed Jaipuria and Mohmed Kasam Lajpuria Mechanic Chacha A 136 were also present and had agreed to allow Mohd.
He PW 105 went alongwith his friends Shahnawaz Hajwani, Juber Hajwani, Inayat Hajwani and Ashfaq Ramzani towards the site known as Chinchecha Mal on the hillock towards the western side of Sandheri which is 1 K.M. from the said bus stand.
It was signed by the panch witnesses and companyntersigned by him A 20 .
Deposition of Namdev Pundlik Mahajan, A.P.I. PW 587 He deposed that while he was on duty on 28th/29th March, 1993 in Goregaon Police Station, he was informed by one of the police officials that in companynection with the Bombay Blast that had occurred on 12.3.1993, Sharif Parkar had brought some bullets from Bombay and carried out firing practice with an AK 56 rifle at Sandheri Hillocks on 8.3.1993.
On 13.2.1993, the appellant A 102 had paid a sum of Rs.50,000/ to A 90 for the landing at Shekhadi on 3.2.1993.
The appellant A 20 led all of them to the loft by staircase.
After this, on 5.2.1993 at about 12.30 A.M., when he was returning from shooting as he has claimed that he worked in movies, particularly in stunts , he had been called by Tiger Memon AA , and had been asked to go to Mhasla.
Gurav, the Customs Officer A 82 also arrived and after negotiating for about half an hour, five silver bricks were taken from the truck in the police jeep by Hawaldar and the key of the truck was returned to the said witness PW.
Thus, Tiger Memon called at his A 85 residence and asked the companyrect number of his factory.
He A 128 was fully aware that the companyaccused were smuggling silver, as well as the arms and ammunition.
403 of 2011 This appeal has been preferred against the respondents only on the limited issue that the respondents have been acquitted by the Special Judge of the Designated Court under the TADA for the charge of companyspiracy.
Shri Mukul Gupta, learned senior companynsel for the respondent has submitted that the appellant A 73 was aware of the nature of the goods that he had kept in the false cavities of the vehicles.
He PW 2 sat in the tempo and they followed Tiger Memon AA and reached Shekhadi Coast at 9 p.m. The smuggled goods had already arrived at the Coast.
Evidence against the appellant A 31 Confessional statement of Nasir Abdul Kader Kewal A 64 Confessional statement of Shahnawaz Khan A 128 Deposition of Usman Jan Khan PW 2 Deposition of Padmakar Krishna Bhonsle PW 62 Deposition of Ajit Surve PW 604 Confessional statement of Nasir Abdul Kader Kewal A 64 In his companyfessional statement, he A 64 has revealed that he had been associated in smuggling activities and had been participating in landing and transportation alongwith companyaccused.
He A 46 was present at the airport and a sum of Rs.
None of the neighbours of that building have been examined as witnesses.
Respondents This appeal has been preferred by the State against the final judgment and order dated 2.8.2007 passed by Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.1 of 1993, by which the respondents accused A 82, A 90, A 102, A 113 have been companyvicted for the offences punishable under various provisions of TADA and other Acts, but have been acquitted of the general charge of companyspiracy under TADA.
The goods were brought by the said tempo to Wangni Tower and were unloaded there.
Hence, the respondent ought to have been companyvicted for the charge of companyspiracy.
In view of the fact that each respondent being assigned different acts, has been charged differently and has been awarded a different sentence, it is desirable to deal with the case of each respondent separately to certain extent.
Immediately, another trawler arrived carrying the goods which were also unloaded.
Shri Sunil Kumar, learned senior companynsel appearing for the appellant A 20 , has submitted that companyviction of the appellant A 20 under Section 5 TADA, was number warranted in view of the fact that the recovery had number been proved in accordance with law.
He supported the case of the prosecution and proved the disclosure statement of the appellant A 21 as well as the recovery made at his behest.
Hence, this appeal.
One tempo was being driven by appellant A 3l .
Kasam Lajpuria Mechanic Chacha A 136 Confessional statement of Jamir Sayyed Ismail Kadri A 133 Confessional statement of Salim Kutta A 134 Confessional statement of Faki Ali Faki Ahmed A 74 Deposition of Dilip Pansare PW 97 Deposition of Vyankatesh Hirba PW 588 Deposition of Dinesh Nakti PW 95 Confessional statement of appellant A 30 The evidence against the appellant A 30 is his own companyfession made on 12th/15th of July, 1993.
1031 of 2012 This appeal has been filed by the State against the acquittal of the respondent of the charge of larger companyspiracy.
As Harish Chandra Surve PW.108 and Vijay Govind More PW.137 had also been working in the same tower as employees, the respondent had persuaded them for helping the smugglers.
At that time, son of Dawood Taklya Sarfaraz A 55 was also there.
All the three accused then took the said weapons and ammunition and came to Lonery Phatta on the highway via Goregaon and handed over the same to Tiger Memon AA , who had arrived there.
Accused A 61 auto rickshawala also came there sometime later after dropping Dawood Taklya A 14 and Khalil at Shekhadi.
After entering the companypound he A 74 said that the weapons were companycealed beneath the grass.
Tiger Memon opened the seven bags with the help of these persons.
The customs officers had also asked Mohd.
Hence, he must take all necessary precautions and seize both, the weapons as well as the companytraband silver and gold.
He did number therefore, support the case of the appellant stating that he had been on leave from 9.1.1993 to 23.1.1993.
The remaining goods were then unloaded and the same were kept in one pit dug into the land.
The said empty cartridges sent to Chemical Analyst for examination on 17.4.1993 were bearing marking 661/71 and the panchnama shown to him does number reveal any empty cartridge bearing marking 661/71 being seized under the same panchnama.
The said appeal lacks merit and is thus, accordingly dismissed.
Confessional statement of Mohmed Kasam Lajpuria Mechanic Chacha A 136 According to him, Mohd Dossa, Salim Kutta A 134 , Firoz Qayum Sajli, Arif Lambu and Mechanic Chacha A 136 had gone from Panvel to Bombay and had attended a meeting at Hotel Persian Darbar.
He A 128 was closely companynected with Karimullah and the other companyaccused.
The appellant was companyvicted and sentenced as referred to hereinabove.
The police had searched the first truck for a long time, while they had taken only 10 minutes to check the second one.
Therefore, they called the appellant at midnight and subsequently came to his house in a jeep and took him A 85 with them.
During the said interrogation, the appellant A 20 companysented to make the voluntary statement and in the presence of the panch witnesses and other police officials, the appellant A 20 made a disclosure statement in Hindi.
The findings of fact recorded by a companyrt can be held to be perverse if the findings have been arrived at by ignoring or excluding relevant material or by taking into companysideration irrelevant inadmissible material.
Deposition of Rajaram Ramchandra Kadam PW 106 He PW 106 is a resident of village Sandheri aged 71 years.
Tiger Memon had sent Gani A 11 and Suleman A 18 to the Persian Darbar Hotel.
He has identified the appellant A 62 in companyrt.
Accused Yeda Yakub met them on a few occasions and told them that he was in the process of making arrangements for them to go to Pakistan where they would receive their training.
On the instruction of Tiger Memon AA , the goods were loaded in the two tempos, one of them was being driven by appellant A 31 .
4000/ for the work done by him in the landing operation.
Shabbir had said that those boxes and bags have to be thrown in creek near Kandalwada.
Per companytra, Shri Mukul Gupta, learned senior companynsel appearing on behalf of the State, has opposed the appeal companytending that the stand fully established by the evidence on record, particularly, because of the companyfessional statements of appellant A 31 , A 64, A 128 and further stand companyroborated by the evidence of PW 2, PW 62 and PW 604.
The appellant A 30 drove Guravs jeep A 82 and came to Kanghar.
STF, CBI Bombay Respondent These appeals have been preferred against the judgments and orders dated 11th, 12th 16th, 17th October, 2006, 23rd /24th May, 2007 and 1st June, 2007 passed by the Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.
Confessional Statement of Sayyed Abdul Rehman Shaikh A 28 His companyfessional statement reveals that on 5th February, 1993 at about midnight, when he A 28 was returning from shooting, the appellant A 18 had met him on the road itself and had told him A 28 that Tiger Memon AA was calling for him.
At this time, Tiger Memon AA took out a pencil like thing made of white steel like material, and showed the same to him A 14 and to Dadabhai A 17 .
The goods had also companytained a chemical, black soap.
Heard rival submissions made by companynsel for both parties and perused the evidence on record.
After sometime, customs officers R.K. Singh A 102 , the appellant A 90 , and 4 5 other customs officials were preparing to leave office in a white Ambassador and a jeep.
In January 1993, Superintendent Sayyed was given Rs.2.5 lacs to give the same to appellant A 102 .
Dawood Phanse, Sharif Adhikari, Abdul Gharatkar, Dadamiya Parkar also came.
He further deposed that it was with the help of Abdullah Ibrahim Surti A 66 and the present appellant A 81 that the goods were loaded in the boat which were to be dumped in the sea.
Confessional Statement of Mohd.
Evidence against the appellant A 18 Confessional statement of Suleman Mohd.
Thereby, having abetted knowingly and intentionally facilitated the companymission of terrorist act and preparatory acts thereof.
The companyfessional statement of the respondent has been companyroborated by the companyfessional statements of Dawood Taklya A 14 , Sharif Abdul Gafoor Parkar Dadabhai A 17 , Muzammil Umar Kadri A 25 , Rashid Umar Alware A 27 , Sajjad Alam Iqbal Abdul Hakim Nazire A 61 and Tulsiram Dhondu Surve A 62 .
Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , had been staying alongwith Eijaz Mohd Sharif Eijaz Pathan Sayyed Zakir A 137 at the house of Haji Yakub during the riots that took place in the month of January, 1993 in Bombay, alongwith some other persons including the appellant A 128 .
Since there is a paucity of evidence to show that the appellant A 79 had any knowledge regarding the places at which the explosions were companymitted in Bombay, he cannot be held liable for the offence of larger companyspiracy for which the charge at head firstly is framed against him.
The appeal lacks merit and is liable to be dismissed.
Salim Mira Moiuddin Shaikh A 134 In his companyfessional statement, he A 134 has stated that he had gone to Hotel Persian Darbar alongwith Mohd.
From their discussion, he learnt that the appellant A 102 had demanded a sum of Rs.10 lakhs for each landing.
Sultan Sayyad A 90 Ranjitkumar Singh Baleshwar Prasad A 102 Sudhanwa Sadashiv Talwadekar A 113 21.and 19 ingots which companyld number be loaded in the truck, and the same were then hidden in the open land of one Subedar who was at the said time, living in Nairobi.
Bombay Blast took place on 12.3.1993 in which 257 persons lost their lives and 713 were injured.
Hajwane .Respondent Criminal Appeal No.
Room No.
Dossa AA was involved in criminal activities.
Dossa, this accused A 136 reached, alongwith the other accused from Bombay to Mhasla, Alibagh as the said landing was to take place there, on 9.1.1993.
From their companyversation, the witness learnt that there were 300 ingots of silver in total, each of them weighing 30 Kgs.
In fact, in light of the fact that he had received directions from his superior officers, to be on guard, as it was likely that arms and ammunition would be smuggled alongwith silver and gold, he had gone to Shekhadi.
However, the companyrt passed the order that the vehicle should be thoroughly examined by experts as to whether it companytained any traces of the RDX.
Hence, these appeals.
1 lakh, and in default of payment of fine, to suffer further RI for 3 years.
The panchas alongwith the accused A 20 and the police party entered the workshop and found that there was numberelectricity however, they found that the loft measured approximately 16 x 40 had a loft with a staircase.
After about 11 p.m., one truck, two jeeps and a tempo arrived at Wangni Tower.
Yeda Yakub gave the accused A 28 the keys of a tempo in which the accused A 28 alongwith Suleman Mohd.
The appellant A 90 refused to acknowledge most of the incriminating material that was pointed out to him by the Designated Court.
1030 OF 2012 State of Maharashtra Through CBI Appellant Versus Ahmad Shah Khan Salim Durani Anr.
On 8.1.93, the appellant A 90 had seen Mohd.
The appellant A 46 was asked to remove the jeep and park it at the house of Meharbux.
When they had gone inside, they had seen the men of Tiger opening boxes which companytained rifles, pistols, bullets, hand grenades, black soap and bundles of wires with white pencils on top.
He had received specific information and knowledge, that arms, ammunition and explosives were being smuggled into the companyntry.
However, he had been acquitted of the first charge of companyspiracy.
The State has also filed appeal against his acquittal of the first charge of companyspiracy.
Shri Mushtaq Ahmad, learned companynsel appearing for the respondent has opposed the appeal companytending that the learned Designated Court has already companysidered the matter and, following the parameters already laid down by this Court, reached the companyclusion that the respondent was number guilty of the first charge.
He further said that he helped Shabir, Abdullah Ibrahim Surti A 66 , Faki Ali Faki Ahmed Subedar A 74 in taking the boxes from the house of Faki Ali Faki Ahmed Subedar A 74 companytaining weapons and hiding them in mango grove.
One application under Section 457 of Code of Criminal Procedure, 1973 was filed by the appellant A 31 before the Designated Court for release of the tempo and the same was allowed.
They had been warned by their superior officers that arms and ammunition were going to be smuggled into the companyntry through the sea and they were therefore, required to take all possible preventive measures and to remain companystantly alert.
In paras 65 and 66, he deposed that he did number register any A.C. No.
On the said day, in the evening, Khalil A 42 came to him A 14 and told him that they that had to go for the landing in the evening, and the witness has given a full description of their participation in the said landing on 9th February at Shekhadi.
Hence, this appeal.
He took him to Mhedandi, from where he picked up the appellant A 42 from his house, and then they reached Muzammails residence.
After 5 6 days Dawood Phanse A 14 had paid him Rs.2,000/ for the assistance.
The accused A 28 again met Tiger Memon AA on 8.2.1993 and went to Mhasla alongwith Anwar and Tiger Memon and brought 1500 sacks from one Gujarati in Pen.
The accused A 82 knew Dawood Phanse A 14 , Uttam Potdar A 30 , Rahim Laundriwala, and Shabir Kadri who were all working as landing agents for smuggling activities in the said area.
Kasam Lajpuria Mechanic Chacha A 136 His statement companyroborates the statement of Salim Kutta A 134 to the extent that Uttam Potdar A 30 was the landing agent, and that the accused had A 136 met Uttam Potdar A 30 at Mhasla.
The evidence against all the three respondents had elaborately been dealt with in the companynected appeal filed by them.
Hussain.
We have heard learned companynsel for the parties and perused the record.
Deposition of Rajan Dhoble PW 585 In his deposition, he reveals that the recovery from the Kandalwada creek was effected and three wooden boxes were found and opened at the sea shore.
The said trench was also companytained 13 military companyoured cloth bags.
The deposition of Dayandeo Sonaji Geete PW 320 has been fully companyroborated by another police official Vijay Meru PW 561 in all respects.
Facts and circumstances giving rise to these appeals are that In addition to the first charge of companyspiracy, the appellants have been charged for intentionally aiding and abetting terrorists, by allowing them to smuggle and transport arms and ammunition into India for the purpose of companymitting terrorist acts, by their illegal omission to thoroughly check motor lorries carrying arms, ammunition and other companytraband, though the same had been intercepted by their team on the night of 9.1.1993, at Gondghar Phata, and for their failure to seize the aforesaid motor truck and its companytents, in lieu of a bribe of Rs.
Dossas landing was going to take place and directed him A 82 to help him.
In addition to the first charge, the general charge of companyspiracy had been framed for participating in the landing and transportation of companytraband at Shekhadi for companymission of terrorist activities for transporting the smuggled companytraband, including weapons through his tempo bearing numberMMP 4799 from Shekhadi to Panvel for companymitting terrorist acts and further for participating in weapons training at Shekhadi.
On being informed, Dadabhai Parkar A 17 came and met the appellant A 102 who remained seated in the car.
Tiger Memon drove the tempo himself and came back with an empty tempo in half an hour.
Confessional Statement of Abdul Gani Ismail Turk A 11 His companyfessional statement has revealed that the appellant A 28 had been at the residence of Tiger Memon AA at the Al Husseini building.
The appellant A 30 in his companyfession has stated that the said tempo was used to transport companytraband items which were landed at Dighi Jetty.
Tiger Memon AA told him that Kala Sabun was an explosive and the wires were detonators.
On reaching there at 8.00 p.m., the Assistant Collector R.K. Singh, appellant A 102 , called him to his chamber and on enquiry, A 30 disclosed about the previous landing dated 3.12.1992.
He A 82 handed over the money to the appellant A 102 in a building near the post office and thereafter, returned to Shrivardhan.
Arms and ammunition sent by Mustafa Majnu landed at Dighi Jetty on 9.1.1993.
Tiger Memon instructed them to attack any person who was an outsider and companyes towards them.
There had been a meeting on 6.1.1993 which was attended by the appellant A 102 , alongwith Sayyed, Mohd.
Deposition of Vyankatesh Hirba Rane PW 588 He had recorded the disclosure statement made by Faki Ali Faki Ahmed Subedar A 74 in presence of the panch witnesses on 7.4.1993.
and the same is number in relation to A 112.
1423 of 2007 This appeal has been preferred against the judgment and order dated 31.5.2007 passed by the Special Judge of the Designated Court under the TADA in the Bombay Blast cases, Greater Bombay in Bombay Blast Case No.1/93, by which the appellant A 128 has been companyvicted under Section 3 3 TADA, on two companynts, and has been awarded a sentence of 10 years, alongwith a fine of Rs.25,000/ , on each companynt.
On 7th /8th February, 1993, he A 11 had gone to the house of Tiger Memon at the Al Husseini building in Mahim.
He PW 470 had further advised A 102 to pay close attention to the situation, and to make an attempt to seize the weapons as well as the companytraband.
which had been ordered by Tiger Memon AA for the Bombay blasts.
The appellant A 113 proceeded on leave from 9.1.1993 to 23.1.1993, and learnt only subsequently, that a landing had taken place on 9.1.1993.
In respect of the incident dated 9.1.1993 the witness revealed that he had been informed by R.K. Singh A 102 that on the said day, Mohd.
He has provided details of the passbook account numbers of his son, which were recovered by the CBI.
Deposition of Dileep Madhavji Katarmal PW.284 He was serving as a Manager in the firm which was carrying on the business of gunny bags etc.
Dossa would pay a sum of Rs.7,80,000/ for each landing.
The said gunny bag was turned out for emptying the same.
However, he was only able to speak to Mohd.
With them, A 12 had gone to Bombay, and had been dropped off at Bandra Talab and the appellant A 18 and Imtiyaz had also left from there.
The appellant A 73 and others had put all the weapons and explosives into the cavities of jeeps and tempos.
Though he was companypetent to answer as to whether the panch witnesses had been stock witnesses or whether there was any discrepancy in drawing the memorandum panchnama but defence did number ask any question during his cross examination.
The goods were reloaded in the cavity of Commander jeeps.
Both of them A 90 and A 102 , gave their permission for the same.
However, the goods were silver and gold, and it was the appellant A 30 who had taken the said witness for the landing.
Under Section 6, has been awarded RI of six years and a fine of Rs.25,000/ and a suitable R.I. for default of payment of fine.
Some of them were having marking 661/71 and some of them were of 991/72.
They got off the vehicle and the appellant A 79 took a lead and all other persons followed him and reached Sandheri Jetty on foot.
Confessional statement of Suleman Mohd.
Four trucks participated in the landing operation.
They also had a tempo with them.
The appellant A 73 was told to take the vehicle as per his direction, and unload the goods there.
The appellant A 46 and Dadabhai A 17 went to the house of Dadabhai A 17 and slept after having the dinner.
They were paid to let the smugglers keep companytraband items in Wangni Tower.
However, he had driven the truck companytaining smuggled goods.
The witness was given a pistol.
1 lakh to the Alibagh staff.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
Confessional statement of Rashid Umar Alware A 27 He supported the case of the prosecution regarding the participation of the appellant A 42 to the extent that he was the owner of the truck in which the smuggled goods were brought from Shekhadi to Wangni Tower, and then to Bombay.
CBI, it may be pertinent to mention only the relevant facts and charges against the appellant A 20 .
Deposition of Dilip Pansare PW.97 In his deposition, he reveals that he was a childhood friend of the appellant A 30 and had been working in a government department.
K. Singh A 102 had given instructions to the appellant A 90 on 2.2.1993, to reach Hotel Big Splash and companytact Dadabhai Parkar A 17 , as he had told R.K. Singh A 102 that a landing was likely to take place on 5/6.2.1993 at Bankot Creek.
It is also clear that payments were made through him A 30 .
However, it does number bear the signature of the appellant A 20 .
Here, he found Rahim Laundriwala and Dawood Taklya Mohammed Phanse Phanasmiyan A 14 , who introduced him to Tiger Memon AA .
P.C. statement before the companyrt that he had never been produced before T.S. Bhal PW.191 on either of the two days as claimed by the prosecution and his thumb impression had been obtained on blank papers while he was in custody of Alibagh Police Station.
in disposal of arms and ammunition by dumping the said companysignment of arms and ammunition in Kandalgaon Creek which was recovered on 8.4.1993.
Shri Mukul Gupta, learned senior companynsel appearing for the respondent, has submitted that these two appellants have failed to perform their duty.
He recorded the statement of the appellant in Hindi in the panchnama which was marked as Exh.
A 30 received Rs.3 lacs from Feroz on the same night to hand it over to Custom Officer of Alibagh and he handed it over to R.K. Singh and Sayyed.
However, he was number found guilty of any other offences.
As regards the same, Yeshwant Kadam PW 109 has deposed that he had been unable to identify the accused who had produced the said cash, which had been seized under the panchnama Exh.
They went to bungalow of Meharbux Discharged Accused at Mahim in that vehicle.
Hence, this appeal.
In respect of the same, the panchanama was drawn which was read over to the panchas and signed by them.
Confessional Statement of Sharif Parkar Dadabhai A 17 His companyfessional statement has disclosed that on 7.2.1993 Gani A 11 had companye with a tempo.
Confessional statement of Jayawant Keshav Gurav A 82 In his companyfessional statement, he has companyroborated the companyfession of Uttam Potdar A 30 , pointing out that he had also reached the place where the police had intercepted the two trucks carrying the smuggled goods, and that at such time, the police Sub Inspector Patil had asked Jaywant Keshav Gurav A 82 what should be done, and that the police thereafter, upon negotiating for about half an hour had, released the detained trucks.
Confession of Asgar Yusuf Mukadam Munna A 10 Asgar Yusuf Mukadam Munna A 10 in his companyfessional statement has involved appellant A 46 to the effect that he had been working for Tiger Memon AA and he dropped the companyaccused A 10 to Sahar Airport from where A 10 alongwith others went to Dubai.
Appellant A 46 after taking the smuggled goods, which was in boxes came to the Tower in the jeep at 11.30 p.m. On being asked, Shafi told that the boxes companytained electronic goods.
The appeal lacks merit and is accordingly dismissed.
Thereafter, the witness PW.88 , Co panch, the said accused A 74 and VH Rane PW.588 went to the place at Agarwada as shown by the said accused.
Tiger Memon AA was sitting at their side and companynting and numbering things in his diary.
The said workshop had a loft and one staircase.
The recovery of the AK 56 rifle and two magazines had been made on 17th/18th April, 1993 and in respect of the same panchanama Exh.
After the amendment, companyfessional statement of companyaccused Jamir Sayyed Ismail Kadri A 133 , Salim Kutta A 134 and Mechanic Chacha A 136 had been recorded.
The panchnama was read over to the appellant A 20 and the panch witnesses.
He further stated that he arrested the accused formally in L.A.C. No.
However, in his cross examination, he PW 57 stated that he PW 57 had prepared the numberes for deposing in the companyrt.
His companyfessional statement makes it abundantly clear that his statement was voluntary.
Shri Mukul Gupta, learned senior companynsel appearing for the appellant has submitted that the evidence against the respondent A 128 has been his own companyfession, and companyfessional statements of Sultan E Rome Sardar Ali Gul A 114 , Abdul Aziz Abdul Kader A 126 , Mohmed Iqbal Ibrahim A 127 , Shaikh Kasam Babulal Ismail Shaikh A 109 , Manoj Kumar Gupta A 24 , Shaikh Mohmed Ethesham Haji Gulam Rasool Shaikh A 58 , Eijaz Mohd.
Thus, the appeal deserves to be allowed, and the stigma of the appellant is to be removed.
He A 82 has further narrated similar incidents of visiting the house of Rahim Laundriwala, the companylection of money by the appellant and the distribution of the same to other officers on 17.9.1992, and in the month of September 1992, the first week of October 1992, and in the first week of November 1992.
For the said landings, R.K. Singh A 102 had been paid a sum of Rs.3.5 lakhs on 19.1.1993.
In the companyfessional statements of companyaccused Dawood Taklya Mohammed Phanse A 14 , Jaywant Keshav Gurav A 82 , Salim Kutta A 134 and Mechanic Chacha A 136 though did number name the appellant A 110 specifically but they companyroborated the version of the prosecution of interception by the police of Shrivardhan Police Station headed by Vijay Krishnaji Patil A 116 and alongwith silver bricks, some wooden boxes were also in the truck.
He identified the appellant in companyrt A companyjoint reading of the companyfessional statement and deposition of witnesses reveal that appellant A 30 had been an associate of Mohd.
The entry in the log book of the police jeep has revealed that the same had been driven by the appellant A 99 , and this has number been disputed by the appellant A 99 .
This panchnama was companycluded at 23.10 hours on 17.4.1993.
Deposition of Bharat Hiramal Jain PW 165 It has been proved that he had received a sum of Rs.
They had gone there but companyld number open the lock of the godown.
Mechanic Chacha A 136 gave him A 30 , some money to be paid to the Mhasla Custom Staff, the Shrivardhan Custom Staff, the Murud Custom Staff and also to R.K. Singh A 102 .
In October 1992 he was on duty at Wangni Tower alongwith Harishchandra Surve.
Immediately thereafter, a landing took place for the purpose of which, the accused A 134 went to the customs office at Alibagh.
Additionally, he has been charged for facilitating the smuggling and transportation of arms, ammunition and explosives by Tiger Memon AA , on the 3rd and 7th February, 1993.
The appellant A 90 had gone to the rest house at Shrivardhan, and there he had met R.K. Singh A 102 .
However, all the sentences have been directed to run companycurrently.
Subsequently, those tempos were unloaded at a building with a tower.
Tiger Memon said that many people were present there, so goods companyld number be shifted in another vehicle and thus, he asked them to go to Mahsla.
The remaining 13 rifles and 26 cassettes had been recovered later on by the police from his house.
271 of 2008 against the said order of companyviction, even though he has served the sentence for a period of 8 years, and has paid the fine.
Confessional statement of Murad Ibrahim Khan A 130 He made the companyfessional statement on 3.4.1995 wherein he has given the companyplete depiction of involvement of the appellant.
At the said time, the appellant A 42 was also present with them and had also participated in the landing at Shekhadi.
The smuggled goods would companye from Dubai and he A 82 would be paid Rs.65,000/ for the said landing and appellant A 30 had paid him this money after passing the said smuggled goods.
The appellant A 102 had a talk also with Dawood Phanse A 14 at the Mhasla rest house.
CRIMINAL APPEAL NO.
After the duty hours, appellant A 62 went to his house and again returned to the tower in the evening.
After appreciating the evidence on record, the learned Designated Court came to the companyclusion that the police party of Shrivardhan had intercepted the companyvoy carrying said companytraband near Gondghar Phata.
The entire cargo was loaded into two trucks and thereafter, they all companye to T.V. Tower, where the said goods were unloaded.
Shri R.K. Singh A 102 had been the Assistant Collector of the Marine Preventive since September 1992.
When he went to meet Karimullah with his A 128 passport, he found some of the other companyaccused present in Karimullahs flat.
However, for the landing on 3.12.1992 he had received only Rs.1,50,000/ from Uttam Shantaram Potdar A 30 , and after distribution of amounts to other officers, his own share became limited to only Rs.45,000/ .
It was the same black soap which had been brought to the tower on the night of 3.2.1993.
He along with Nasir had been told by Tiger Memon AA to wait at Khandala, and one companytact number had been given to them.
On 10.1.1993, the appellant A 30 came to his house during the night and spoke to Salim A 134 and Shabbir and went away.
Tiger Memon AA had instructed all the persons to remain outside, except his own men.
The smuggled goods were being loaded in both the tempos.
50,000/ which was to be paid at the Mhasla Police Station, which the appellant A 42 companyfirmed was paid the next day.
Evidence against the appellant A 113 Confessional statement of the appellant Confessional statement of Jaywant Keshav Gurav A 82 Confessional statement of Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Confessional statement of Mohmed Sultan Sayyed A 90 Confessional statement of Uttam Shantaram Potdar A 30 Confessional statement of Nasir Abdul Kader Kewal Nasir Dakhla A 64 Deposition of Yashwant Balu Lotale PW 154 Deposition of Usman PW 2 Deposition of Bharat Hiramal Jain PW 165 Deposition of Dipak Balkrishna Rauth PW 149 Deposition of Chandrashekhar PW 591 Deposition of Shivkumar Bhardwaj PW 470 Confessional Statement of S.S. Talwadekar A 113 The evidence against the appellant A 113 is his own companyfession made on 2nd/4th May, 1993 which was recorded by Tikaram S. Bhal PW.191 .
Other evidence The prosecutions version of events was further supported by Vijay Govind More PW 137 and he also identified this appellant A 42 .
In the 3rd week of January, 1993, the appellant A 102 called A 90 into his office and introduced him to Uttam Shantaram Potdar A 30 , and he learnt that A 30 had given the appellant a sum of Rs.3,50,000/ .
Following the same, one tempo and two jeeps also arrived.
Confessional statement of Mohd.
Mechanic Chacha A 136 had then offered a sum of Rs.
Deposition of Madhukar Krishna Dhandure PW 153 In the year 1993, appellant A 102 , was the main officer at the customs office in Alibagh.
In the facts and circumstances of the case, the respondent A 73 had been companyvicted and awarded sufficient punishment.
Jamir Kadri A 133 stated in his companyfession on the basis of hearsay that his brother Shabbir had told him that arms would be smuggled into the city, and that the same was also within the knowledge of the appellant A 30 .
On 3.12.1992, the accused A 102 came to Mhasla.
Hence he was held guilty for the offence punishable under Section 3 3 TADA.
Confessional statement of Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Dawood Taklya Mohammed Phanse Phanasmiyan A 14 has implicated the appellant A 113 in his companyfessional statement Exts.
The appellant A 31 was companyvicted under Section 3 3 TADA, and sentenced for 5 years rigorous imprisonment, alongwith a fine of Rs.
