As regards the incident of 16.1.93 he denied that any shot was fired from his ship at c.g.s.
A 3 was the Chief Engineer and A 4 to A 9 were the crew.
The vessel sank at about mid night.
The investigation revealed that the real name of the vessel was YAHATA but deliberately A 8, nuder instructions of A 1, had obliterated the first letter Y and the last letter A in order to avoid detection of its companyrect name and identity.
The State has companye in appeal as the learned Judge acquitted all the nine accused.
In order to establish its case the prosecution examined all the material witnesses and also produced supporting documents.
The vessel got badly damaged by fire.
YAHATA were ordered to assemble on the foxle side without any arms and explosives to enable the Indian Navy and Coast Guard ships to exercise their right of visit.
After the said vessel was brought near the Madras Port they had fired shots at Naval Coast Guard Officers in order to prevent them from exercising their right of inspection and discharge their duty.
It was number displaying its Nationality flag.
The said vessel belonged to LTTE and A 1 was its Master.
With these allegations the C.B.I. chargesheeted A 1 to A 9 and ten others who had died, in the Court of the Sessions Judge and Designated Judge at Visakhapatnam for the offences punishable under Section 120 B read with Sections 201, 353 and 438 IPC, Section 27 of the Indian Arms Act, Sections 3,4 and 6 of Indian Explosive Substances Act, Sections 3 2 and 3 of the TADA Act, and Rule 11 a of the TADA Rules.
After a chase for about 2 1/2 hours, it agreed to sail towards Madras, alongwith c.g.s.
They also fired shots from Rocket Propelled Gun launcher and small arms and after some time set fire to their ship by using explosives.
After repeated radio calls V. Jayachandra Ezhu Viral A 1 informed that he was the Master of that vessel but did number give the companyrect name of the vessel or the call sign and other details regarding the vessel.
Vivek of the Government of India numbericed one vessel ship on high seas, about 440 nautical miles South East of Madras.
Soon after the said vessel was intercepted by C.G.S. VIVEK all the 19 accused had companyspired to throw over board all the boxes companytaining explosives and to destroy evidence as regards their links and number to surrender to Indian Navy or to allow them to inspect their vessel.
YAHATA was anchored about 8 Nautical Miles away from Madras Coast inside the Indian territorial waters.
Out of them, A 12 Krishnakumar Kittu was one of the top LTTE leaders.
It then started fleeing away by taking a zig zag companyrse.
A 10 to A 19 were hardcore LTTE militants who died as a result of the fire and sinking of the ship.
A 2 was the member of the Black Sea Tiger Unit and LTTE and was a Cadet in the vessel.
Vivek of dire companysequences if an attempt for boarding was made, by saying that it was carrying 110 tonnes of explosives.
The investigation also revealed that it was on a clandestine voyage and was carrying explosives for terrorist operations.
VIVER, therefore, entertained suspicion about the nationality and intentions of that ship and demanded boarding for verification.
On 14.1.93, INS KIRPAN of Indian Navy joined G.S. VIVEK and escorted the said vessel to Madras.
It was registered at the Embassy of Honduras in Singapore showing the port of registration as SAN LORENZO in Hondures.
They had set fire to the ship in order to destroy evidence and to strike terror amongst people including Naval Officers on board the Indian Naval Coast Guard ships who were involved in the said operation.
On 13.1.93 at about 11.10 P.M., the Officers in Charge of the Coast Guard vessel named c.g.s.
Vivek, though it did number agree for its inspection.
It was found drifting and was number responding to radio calls.
When it was in the danger of sinking, the Naval Commandos boarded the vessel and recovered two dead bodies, two assault rifles and a hand grenade.
The Master and other persons on bard again denied this right and took their positions with their AK 47 rifles.
A 1 to A 9 were also charged under Rule 11 a of the TADA Rules.
It was displaying NOT UNDER COMMAND lights.
YAHATA and it was carrying 10 A.K. 47 rifles, one FNC rifle, one Rocket Propelled Gun and about 25 hand grenades and huge quantity of oil and explosives.
It was the prosecution case that the Master of that ship threatened c.g.s.
A 1 to A 9 jumped over board and rescued by Indian Naval and Coast Guard vessles.
On 16.1.93, by about 7.45 A.M., mv.
A 1 revealed that the name of the ship was mv.
c.g.s.
All the persons on board of mv.
NANAVATI, J. This appeal filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA Act is directed against the judgment and order dated 29.6.96 passed by the learned Sessions Judge and Designated Judge, Viskhapatnam in Sessions Case No.31 of 1994.
