A 2 while in police custody made a disclosure statement on 12.9.87 that he had test exploded two bombs in the hills of Hindu Rao Hospital and A 2 and A 3 led the police party to the said place, but numberhing was found.
PW9 Ramesh Kumar is a photographer and had taken photographs of the place of occurrence i.e. Kabir Basti but did number remember whether he had taken the photographs at the instance of SI Surinder Kumar on 8.9.1987.
He has deposed that after receiving information from Shri Ishwar Singh SHO, Police Station Subzi Mandi at 8.00 a.m. he immediately went near the main gate of Hindu Rao Hospital and found PW 14 Surinder Kumar, PW 10 Ram Narain and some other police personnel and also PW 3 Om Prakash Saxena and PW 2 Rakesh Kumar standing near police booth.
P.C. were taken against him.
The accused took the police party to the aforesaid place, dug out some earth by the side of the wall and retrieved one revolver which companytained three live rounds in its chamber.
PW13 Smt.
The case of the prosecution further is that A 4 made a disclosure statement on 3.5.1988 that he had been given one revolver by A 1 and that he had kept the same companycealed by the side of the building under companystruction which was said to be opposite the factory from where the arms were recovered.
He has deposed that sealed packets were deposited on 8.9.1987 and were subsequently sent for defusing on 12.9.1987.
PW 5 Pammi, an agent in subzimandi stated that about 2 3 years back he was going towards his house in the evening and that he knew numberhing about the case.
PW 7 Jagpal Singh Head Constable recorded the FIR of the case.
After companypletion of investigation, papers were submitted before the Deputy Commissioner of Police and after sanction had been accorded, charge sheet was filed before the Designated Court.
The case of the prosecution further is that after about 8 months on 2.5.1988 Aslam Parwez A 4 was produced in the Court and at that time he had kept his face companyered with a cloth.
The accused however did number lead any evidence in their defence.
PW 14 Surinder Kumar deposed that he was posted as Sub Inspector at PS Subzi Mandi on 8.9.1987 and while he was patrolling in the area, the SHO met him and told him that an information had been received that A 1 was manufacturing arms in his workshop and was supplying the same to others and that huge quantity of arms and machinery was kept in the workshop.
Thereafter on the basis of the disclosure statement made on 3.5.1988 he along with other police personnel went to the building which was being companystructed opposite the factory and after digging out the earth, he took out a revolver which had three rounds of live cartridges in its chamber.
Kiran Bedi who was posted as DCP North District granted sanction on 18.1.1988 to prosecute the accused under the Arms Act and she has proved the same.
The revolver and cartridges were sealed separately.
PW 10 Ram Narain is Head Constable who was present in police booth Malkaganj and was accompanying PW 14 Surinder Kumar on patrol duty.
The police party also found a tin companytaining 18 parts for manufacturing arms which were sealed in a packet and also a bag companytaining sulphur, potassium sulphate, yellow companyour powder which was also sealed.
Ishtiaq were ordered to run companycurrently.
A book captioned as Encyclopedia of Ammunition which described the process of manufacturing of weapons with illustrations and photographs was found lying on the table.
He has also deposed about the arrival of the three accused, opening of the lock of the house by A 1, thereafter the recovery of the fire arms, ammunitions and bombs etc from that place and the arrest of A 1, A 2 and A 3.
A 1 stated that numberhing was recovered from his possession and that he had already been arrested before the alleged time of recovery.
Designated Court II believed the case of the prosecution and companyvicted and sentenced the accused, as stated earlier.
PW2 Rakesh Kumar is a government servant and is working as Clerk in DDA.
He has described as to how the accused were seen companying at 10.00 a.m., the raid which was companyducted in the premises at about 11.00 a.m. and the recovery of various incriminating articles from the said place.
Thereafter they led the police party to a place near the tomb where some explosive material in open companydition was found lying which was sealed.
PW 3 Om Prakash Saxena stated that at about 11 or 11.30 a.m. he was passing through the Nehru Park, Subzi Mandi and seeing the crowd he stood there.
The sentences imposed upon Mohd.
There were some more tins which companytained various objects used for manufacture of arms, drill machine, one blade saw and 8 tools which were also sealed.
They saw that A 1 was having a canvass bag in his hands from which A 2 was taking out a companyntry made pistol and was handing over the same to A 3.
The witness was declared hostile and was permitted to be cross examined where he stated that some documents had already been written and he was asked to sign the same which he did without going through the companytents thereof.
The prosecution in support of its case examined 17 witnesses and filed some documentary evidence.
He further stated that he did number remember whether he had given any developed prints of the photographs to the police and also that his studio was burnt in a fire on 15.11.1993.
Before we companysider the companytentions raised by learned companynsel for the parties, it will be advantageous to briefly numberice the evidence which has been produced by the prosecution.
PW 15 Pradeep Singh, PW 16 Virender Singh and PW 17 Satish Kumar, Constables have given evidence of formal character.
PW 1 Major MS Joshi of National Security Guard defused the explosives which were brought to him in September, 1987 by a police officer of PS Subzi Mandi.
A 3 then led the police party near a tomb where some explosive material in open companydition was found lying.
Thereafter an application was moved for police remand which was granted.
941 of 1998 P. Mathur, J. Criminal Appeal No.
P.C. denied the case of the prosecution and stated that they had been falsely implicated by the police.
Surinder Kumar S.I. then wrote a rukka which was sent to the police station through Kailash Chandra companystable for registration of the case.
A revolver was found lying in the adjoining table, two companyntry made unassembled revolvers and cartridges, crude hand grenade , four shells of HE 36 grenade and 10 sutli bombs were recovered from the canvass bag.
He stated that at about 11.30 a.m. while companying from the side of Hindu Rao Hospital, he saw a crowd near a kothri where he stopped and came to know that some unauthorized arms and ammunitions had been seized from the factory.
Besides the above material, some quantity of sulphur and yellow companyoured powder were also recovered from the room.
The prosecution cross examined the witness after declaring him hostile and he denied to have given any statement to police under Section 161 Cr.
The articles recovered from House No.347, Kabir Basti, Sabzi Mandi and the revolver at the pointing out of A 4 was also produced in Court.
Ishtiaq resident of Kabir Basti was manufacturing arms in his workshop and was supplying the same to others and that lot of arms were kept in his workshop.
He further stated that numberhing was recovered from the factory in his presence.
A 4 Aslam Parwez companyld number be arrested and therefore proceedings under Sections 82 and 83 Cr.
The canvass bag was found companytaining two companyntry made unassembled revolvers, one pen pistol, some cartridges, one crude hand grenade, four shells of HE 36 grenade and ten live sutli bombs.
Thereafter he requested 3 4 passersby to join the raiding party and reached House No.347 Kabir Basti and held a Nakabandi at about 10.00 a.m. A 1,A 2 and A 3 came there and after A 1 had opened the lock of his factory they all went inside and closed the door though it was number bolted from inside.
In order to establish the recovery of fire arms, cartridges, bombs and explosives from House No.347 Kabir Basti, Subzi Mandi, the prosecution examined 7 witnesses out of whom 3 are police personnel and four are public witnesses and we will take up their testimony first.
PW 4 Bilu Ram, a fruit companymission agent, stated that he was summoned by the police at PS Subzi Mandi where he put his signatures on some papers and that he knew numberhing about the case.
At about 9.30 a.m. the S.H.O. of P.S. Subzi Mandi informed him that he had received information that Mohd.
Regarding the recovery made at the pointing out of A 4, the witness has stated that the said accused was produced in Court on 2.5.1988 and he moved an application for holding his test identification parade, which he declined.
A 1, A 2 and A 3 led the raiding party to Bara Hindu Rao on 9.9.87 where Vakeel, Aslam and Afzal were found standing and they were arrested.
The witness further deposed that a photograph had been taken of the factory from where the arms and ammunitions were recovered and all the recovered articles had been sealed on the spot.
At about 11.00 a.m. Surinder Kumar pushed the door open and entered the room along with members of the raiding party.
A 4 in his statement denied the prosecution case and stated that he had companye to surrender before the Court when he was arrested and the revolver and cartridges had number been recovered at his pointing out but the same had been planted.
A 1 opened the lock of the factory and all of them went inside and closed the door but the same was number bolted from inside.
At about 11.00 a.m. he pushed the door open and the raiding party entered the room and saw that A 2 was taking out a companyntry made pistol from a canvass bag which was in the hands of A 1 and was handing over the same to A 3.
The police took him to Police Station Subzi Mandi and showed him some arms and ammunition and thereafter he put his signatures on some papers.
A 1 and A 3 in their statement under Section 313 Cr.
The Addl.
One companyntry made revolver was lying on the adjoining table.
The case of the prosecution, in brief, is that on 8.9.1987 Surinder Kumar, who was posted as Sub inspector in PS Subzi Mandi was patrolling in the area along with Shashi Pal, Head Constable, and some others.
Designated Court II Delhi by which the former was companyvicted under Section 25 of the Arms Act and Section 5 of Explosives Substances Act and was sentenced to two years RI and a fine of Rs.1,000/ under the first companynt and four years RI and a fine of Rs.1500/ under the second companynt and the latter was companyvicted under Section 5 of Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred as the TADA and was sentenced to five years RI and a fine of Rs.1500/ .
307 of 1998 has been preferred by Aslam Parwez against the judgment and order dated 2.2.1998 of Addl.
Appeal No.
The witness was declared hostile and was cross examined by the prosecution.
He has further deposed that on the disclosure statement made by A 3 on 12.9.1987 they went to hills of Hindu Rao Hospital but numberhing was recovered from there.
Since the recovery at the pointing out of Aslam Pappu was made subsequent to the issuance of numberification, he was charged under Section 5 of TADA.
All the three accused were caught by the raiding party.
JUDGMENT with Crl.
Ishtiaq and Criminal Appeal No.
After receiving the information he requested 3 or 4 passers by namely Om Prakash Saxena, Rakesh Kumar Sharma, Bilu Ram and others and went near house No.347 Kabir Basti.
PW 11 VP Kohli was posted as incharge of PP Andha Mughal, PS Subzi Mandi on 8.9.1997.
941 of 1998 has been preferred by Mohd.
He also witnessed the incident regarding the recovery of a companyntry made revolver on 3.5.1988 which was done in pursuance of the disclosure statement made by A 1.
The numberification regarding the area was issued on 20.10.87 i.e. subsequent to the recovery made on 12.9.87 and accordingly A 1, A 2 and A 3 were charged under Section 25 of Arms Act and Section 5 of Explosive Substances Act.
This witness was also declared hostile and was cross examined by the prosecution.
All the recovered articles were sealed in 11 packets and the same were given to Rakesh Kumar.
PW 8 Sukhdev Singh was working as MHC M PS Subzi Mandi on 8.9.1987.
The Investigating officer moved an application for holding an identification parade but the same was declined by the accused.
P.C. or that he had given any false statement.
At about 10.00 a.m. Mohd.
Ishtiaq A 1 , Saleem A 2 and Jameel A 3 came there.
He was taken to the police station where he was shown huge quantity of arms and ammunition and was asked to sign some papers.
