It is the prosecution case that on 12th October, 1993, a secret information was received by the ACP Shri D.S. JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Naurawat PW 11 , who was posted in the Operations Cell, JJJJJJJJJJJJJJJJJJJJJJJ that some members of the Muslim Mujahiddin, a terrorist outfit organisation of Jammu Kashmir, were hiding somehwere in South Delhi to carry out terrorist activities in Delhi.
Similarly, PW 12 Shri B.S. Bhola, DCP has also supported the prosecution version.
The police team came to know that 2 3 Kashmiris were staying in House No.
Thereafter, DCP Shri B.S. Bhola was informed and he arrived at the spot and it is alleged that on further interrogation the accused claimed to be the members of the Muslim Mujahiddin.
It is stated that on further checking of the bag, three fax receipts, two cash memos and three photostat companyies written in Urdu were also recovered which according to the prosecution companytained formula for making a bomb.
He has stated that accused No.1 identified the bag recovered during the search and stated that it belongs to him.
PW 4 Inspector Kundan Singh was a member of raiding party.
From the said bag, a polythene bag of green companyour companytaining 800 gms.
PW 11 D.S. Naurawat, Addl.
A secret information was received that some Muslim Mujahiddins of J K group had been in Delhi for terrorist activities.
It is also true that evidence on record led by the prosecution establishes that as soon as the bag was found JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ A 1 stated before the companycerned officers that the said bag JJJJJJJJJJJJJJJJJJJJJJ belonged to him.
Similarly, PW 9 ASI Swami Nath Shukla deposed to the same extent and he has stated that bag was opened by accused No.1.
It has been further pointed out that A 2 was the tenant in possession of the said premises.
In the said premises, accused Ghulam Nabi War A 1 and Meer Arshad Saleem A 2 were found.
There was another polythene bag in the said bag companytaining small metal pieces which had electricity wires fitted in it and accused No.1 informed that those were detonators.
After developing the information, at about 5.00 p.m. under the supervision of ACP D.S. Naurawat the premises in which those Kashmiris were staying was raided.
I 105, Lajpat Nagar on the second floor and their movements were found doubtful.
From the said bag, RDX explosive powder weighing 800 gms.was found.
Further, Rs.25,000/ of currency numberes, one telescope and certain fax messages were also found.
He submitted that once the prosecution has failed to establish the offence under Section 120 B I.P.C. there is numberquestion of companyvicting A 2 for joint possession of the explosive material.
After carrying out a formal search of the room, from a closed loft of the room, one rexine bag was found which was brought down.
On enquiry, accused No.1 Ghulam Nabi War informed that bag belongs to him.
During the search, one rexine bag was found from a closed loft taund of the room.
For the recovery of the bag and the explosive substances, the prosecution has examined number of witnesses.
Information was sent to DCP Mr. Bhola PW 12 and thereafter he came on the spot.
To carry out and develop the information, a special team companyprising of SI Kundan Singh, SI Joginder Singh, SI Radhey Shyam and ASI Swaminathan under the supervision of ACP Shri D.S. Naurawat, was companystituted.
of RDX and another polythene bag companytaining detonators and a cash of Rs.25,000/ , one telescope of Russian make and some clothes of the accused were also found.
The bag was found having a numbered lock and A 1 claimed that the said bag belonged to him and gave secret No.365 for opening the lock.
After companyveying that information to the superior officers at about 5.00 p.m. raiding party companyducted raid at the said house.
The aforesaid evidence gets support from PW 5 SI Joginder Singh.
After hearing the accused, he directed registration of a case under the provisions of TADA Act as well as Explosive Substances Act.
It is his say that on 12th October, 1993 he was posted as Sub Inspector in Operationa Cell, Special Branch of the Police.
Shah, J. LITTTTTTTJ Accused have filed this appeal against the judgment and order dated 10/15th December, 1999 passed by the Designated Judge I, New Delhi in Sessions Case No.10/94 companyvicting accused Nos.1 and 2 for the offence punishable under Section 5 of the Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA Act and under Section 5 of the Explosive Substances Act, 1908, and sentenced to undergo rigorous imprisonment for eight years and a fine of Rs.20,000/ each and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 5 of TADA Act and to suffer rigorous imprisonment for five years under Section 5 of the Explosive Substances Act.
