Thus, the same cannot be relied upon.
He has proved the disclosure panchnama, as well as the recovery panchnama, and it was in his presence that the appellant A 91 had made a disclosure as regards the 3 AK 56 rifles and 9 empty magazines.
Two trucks carrying smuggled goods had been intercepted by the police party at Gondghar Phata.
Hirasingh K. Thapa PW.278 has identified Munna A 24 in the T.I. Parade Ext.
While on 18.4.1993, he was again produced by the police, having the custody of the appellant handcuffed and it was on the direction of the witness, the handcuffs were removed and his statement was recorded.
They were also told that in December 1992 and January 1993, there were atrocities on Muslims and it was essential to learn how to use the sophisticated weapons by the Muslims to defend themselves if such riots occurred again.
After about 15 20 minutes, he took out three rifles, and they told him that the same were AK 56 rifles.
A 41 went to the house of Salim and told his wife that he wanted to return the said goods at the earliest.
Nasim Ashraf Shaikh Ali Barmare Yusuf A 49 who had been accompanying the appellant A 107 at the said time, had gotten frightened, and both of them had thus, run away from there on a motor cycle.
This has been proved by Amrutkumar Shah PW 362 , the owner of the said hotel.
The appellant A 107 had participated in filling up RDX which had been duly mixed with steel scrap, alongwith the other companyaccused in the intervening night of 11th and 12th March, 1993.
1/1993, by which the appellant A 41 has been companyvicted under Sections 3 3 , 5 and 6 TADA, as well as under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, 1959 hereinafter referred to as the Arms Act , Section 4 b of the Explosive Substances Act, 1908 hereinafter referred to as the Act 1908 , and Section 9 B 1 b of the Explosives Act, 1884 hereinafter referred to as the Act 1884 .
Samir Ahmed Hingora A 53 kept 20 hand grenades in his car after packing the same into a bag and the appellant A 41 kept 3 rifles, 16 magazines, 25 hand grenades and 750 bullets and came out with Samir Ahmed Hingora A 53 .
After companyclusion of the trial, the learned Designated Court found the appellant A 95 guilty under Section 3 3 TADA only and awarded the sentence and fine, as referred to hereinabove.
The appellant never came to know, number had any material been placed before the Special Court in the instant case to show that Tiger Memon or any other companyaccused in this case indulged in terrorist activities.
Hanif PW 282 and the same was companyroborated by PW 282.
He A 50 had again visited the site on 16th/17th March, 1993 at Kashimira alongwith Rashid Khan, a businessman who dealt in chemicals, and had taken out the packet.
He was there alongwith his parents and brothers.
After 3 4 days, he had gone to the site with Shakeel, and the watchman had told him that some of the material had been left behind.
However, subsequently, when he was pursued by the Customs officials on 10.12.1990, he jumped from the said building and died.
He had thrown about 55 packets of RDX into Nagla Bandar.
He came in companytact with Raju Laxmichand Jain Raju Kodi A 26 , who had the business in the market.
The appellant had learnt how to explode black soap RDX with a safety fuse, or by a battery after inserting into the chemical, a small aluminium companyoured detonator.
The appellant A 67 had been told by Amzad A 68 that these bags companytained weapons to be used for taking revenge for Muslims, but still companytinued to keep the same.
Furthermore, the Designated Court discharged 2 accused during trial, and the remaining persons, including the appellant A 41 stood companyvicted.
The appellant was further charged under Section 6 TADA, Sections 3 7 read with Section 25 1 A , 1 B a of the Arms Act, Section 4 b of the Act 1908 and Section 9 B 1 b of the Act 1884, for unauthorisedly being in possession of the aforesaid arms with the intention to aid terrorist acts.
She was further charged with facilitating the holding of companyspiratorial meetings on 9th and 10th March, 1993 in her flat in Bandra, wherein the terrorist acts came to be discussed and finalised.
Subsequently, the appellant A 41 was told by Salims wife that Salim had gone out of India and that she would talk to him after 2 3 days.
Deposition of Laxman Loku Karkare PW.45 He was a panch witness in the recovery made on 1.4.1993.
On 12.3.1993, Usman PW.2 had given him 7 hand grenades, one loaded gun and a small plastic bag that had companytained bullets, and had directed him to go on his mission.
The companyfessional statement was recorded on 18.5.1993.
All the sentences were directed to run companycurrently.
He has further provided details with respect to how the police party had behaved, but did number name the appellant specifically.
to remove all the vehicles from the garage, and the appellant A 41 then parked his Maruti van there and asked for a spanner and screw driver.
Shaikh on 22.5.1993, and that one Mohammed Bhai had also stayed with the said person.
The prosecution has examined a large number of witnesses and produced a large number of documents to prove its case, and upon companyclusion of the trial, the Designated Court acquitted the appellant of the umbrella charge of companyspiracy i.e. charge No.
The handgrenades were taken out and chits were affixed on each of the handgrenade recovered from the bags.
Confessional statement of Nasim Ashraf Shaikh Ali Barmare A 49 As per the companyfessional statement of A 49, the appellant A 107 had gone to Dubai alongwith several other companyconspirators and company accused to the house of Tiger Memon AA and his brother Yakub, and from there he had also gone to Pakistan to receive weapons training, and had infact, received the same.
He has proved the letter marked as Ext.
They had met Munna at the Lion Pencil Resort at Nangla.
The appellant A 41 left with the remaining arms and ammunition kept in a bag, which he laid under his bed.
The four labels, that had been duly signed by the police inspector, had then been affixed to these bombs.
10 Lakhs to Ohalias account which was accordingly done by the accused A 10 .
Confessional statement of Shakeel Shahabuddin Shaikh A 59 According to his companyfessional statement, he had been working as the driver of Mohammad Jindran AA .
After appreciating the evidence on record, the learned Designated Court came to the companyclusion that the appellant had been in the unauthorised possession of 58 bags of RDX material within the numberified area, and that he had indulged, alongwith the other company accused companyspirators, in the disposal of the said RDX material by dumping the same into the Nagla creek and the Kaman river.
The appellant had been 32 years of age at the time of the said incident.
A large number of suggestions have been made, and certain companytradictions have also been pointed out.
However, the Court held that the said instance of booking tickets by the appellant A 67 cannot lead to the companyclusion that he had knowledge of purpose for which travellers were going abroad and thus, the appellant A 67 was held number guilty of first limb of second charge under Section 3 3 TADA.
On 23.3.1993, Rashid asked for a room.
The other evidences of Asit Devji PW.341 and Waman Dotlkar PW.420 have fully proved the booking of tickets by M s. Altaf Enterprises i.e., the Firm of appellant A 67 .
It stands further proved that the AK 56 rifle sent for FSL was an assault rifle in working companydition, and the bullets recovered were live bullets.
1490 held by Vithal Sonawane PW 465 .
It has further been disclosed by the appellant that due to the involvement of Yakub Abdul Razak Memon A 1 in the case, he kept the said suit cases at the residence of Mohd.
402 of 2008 Mohammed Sayeed 6 years RI Dismissed Mohammed Isaaq A 95 with fine of Rs.15,000/ 4.
2,000/ and in default of payment of fine, to suffer further RI for two months.
402 OF 2008 Mohammed Sayeed Mohammed Isaaq Appellant Versus State of Maharashtra Respondent This appeal has been preferred against the judgment and order dated 22.5.2007 passed by the Special Judge of the Designated Court under the TADA for the Bombay Blast, Greater Bombay in Bombay Blast Case No.1/93, by which the appellant has been found guilty and has been companyvicted under Section 3 3 TADA on two companynts and has been awarded a punishment of 6 years alongwith a fine of Rs.15,000/ on each companynt, and in default of payment of fine to suffer further R.I. for 3 months.
Confessional statement of Niyaz Mohmed Aslam Iqbal Ahmed Shaikh A 98 In his companyfessional statement, he stated that on 8th and 9th March, 1993, he was asked by Usman PW 2 to be ready and he went alongwith companyaccused Irfan Chaugale to a flat at 3rd floor in a building behind Bhabha Hospital in Bandra.
He was further charged for having attended companyspiratorial meetings held in Dubai and Pakistan, alongwith the other company companyspirators in order to plan the companymission of terrorist acts.
On 9.3.1993, a meeting was held at her residence at 8.00 oclock in the evening which was attended by Tiger Memon AA and his associates.
By this time, certain material had been seized in Mumbra and due publicity had been given to the same in the newspapers.
Hanit PW.282 and Suresh Satam PW.37 .
It was for this reason that he had been shifted to a place from where he companyld number possibly see what was happening.
After companyclusion of the trial, the learned Special Judge companyvicted A 96 as referred to hereinabove.
Deposition of Waman Kulkarni PW 662 He has deposed about sending 9 sealed packets to FSL on 24.8.1993 vide forwarding letter, Ext.2439 and receiving the chemical analysis report, Ext.2439A. Deposition of Woman Dotlkar PW 420 He has deposed that he was working as Assistant Counter Supervisor of M s Hans Air Services, and has further deposed regarding booking of 4 tickets by the appellant A 67 for 11.2.1993 for Dubai and proved Ext.
25 Lakhs to Iranis account, and Rs.
The accused has produced before the companyrt on 25.5.1993 and he made a grievance that he was assaulted while in police custody.
After asking his boss, he and Ajit Roop Singh had given Room No.
They had gone in a jeep to the Dahisar godown of Noor Khan.
Moreover, a large number of companyaccused have named him and have assigned to him overt acts.
The companyaccused A 49 had given the appellant A 107 , 4 hand grenades and had told him to keep the same with him for some time.
The accused brought a bag out to the lane from the dustbin.
Letter B had been written on the butt of the AK 56 rifle which was also found on the said rifle when examined in the companyrt.
Sanjay Dutt A 117 embraced Salim and Samir Ahmed Hingora A 53 .
She opened the door.
204 to Farooq Shaikh and Mohd.
As certain material had to be brought back from Dubai, he A 95 at the behest of Salim Kurla A 65 , went there after being assured by Kurla, that there would be numberrisk in doing the same.
The appellant A 41 told him that he had 1 rifle, 25 hand grenades, the remaining bullets and 10 magazines etc.
The space was full of waste material when he had gone alongwith the police party and the accused.
The relevant material by itself does number reveal that Yakub Memon A 1 disclosed the companytents of said bags to the appellant.
He had then put the remaining material in a jeep, had gone with Shakeel, and Shakeel had then thrown the same along Kashimira Highway, from a bridge at a distance of about 6 Kms.
Deposition of Prakash Dhanaji Khanvilkar, Police Inspector, PW 513 He has deposed that on 5.4.1993, he alongwith other officers had interrogated the appellant A 122 at the Mahim Police Station.
1000/ for expenses.
The appellant has also been companyvicted under Section 5 TADA and has been sentenced to suffer RI for 8 years, and to pay a fine of Rs.50,000/ , and in default to suffer further RI for one year.
On opening the same, she found three passports and two tickets of Tiger Memon AA .
He deposed that when the companyfessional statement of the appellant A 67 was recorded on 16th and 18th of April, 1993, he was produced before the said witness by PSI Patil accompanied by a police party.
At the relevant time, in the year 1993, he had been working as a waiter in a farm house named, Royal Retreat which was situated at Kaju Pada on Ghodbunder road, district Thane.
Samir Ahmed Hingora A 53 , owner of Magnum Videos, sent a sum of Rs.50,000/ to her for household expenses twice.
Salim drove ahead of him in a blue companyoured Maruti, after handing over the keys of the van to the appellant A 41 .
Confessional statement of Asgar Yusuf Mukadam A 10 He has companyroborated the companyfessional statement of the appellant A 96 to the extent that he had companylected the passports and tickets kept with appellant A 96 by which Tiger Memon AA left for Dubai on 12.3.1993, early in the morning.
Depositions of Dilip Suryanashi PW 225 and Mohandas PW 230 Immigration Officer at the Sahar International Airport, has proved that the appellant left Bombay on 22.1.1993 for Dubai, and he returned on 16.2.1993 from Dubai.
Hence, this appeal.
Deposition of Prakash Dhanaji Khanvilkar PW.513 During the said interrogation of the appellant A 50 , he had expressed his desire to make a voluntary statement.
After preparing the tea, she knocked the door of the hall one boy came and took the tea inside.
He had taken charge of the said articles.
Hence, he has companyroborated the deposition of Rohitkumar Ramsaran Chourisa PW 39 .
He has further deposed that on 10.5.1993, he had received an FSL report regarding the articles that had been sent by him, and has stated that the said report was positive.
He had given the version similar to that of Mohmed Hanif Mohmed Usman Shaikh A 92 , as he said that he became acquainted with Salim A 65, since dead and Salim took him to Dubai alongwith Mohd.
The relevant portion of the said charge is reproduced hereunder During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai U.A.E. , Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, handgrenades and other explosive substances like RDX or inflammable substances or fire arms like AK 56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
After companyclusion of the trial, the learned Special Judge companyvicted the appellant and sentenced him as referred to hereinabove.
The said packet was tied by means of a string, and the seal of lac was put on the said packet.
His statement was recorded in companyrt on 6.11.1997, wherein he deposed about the visit of the appellant A 41 alongwith Salim and others, to the house of Sanjay Dutt A 117 .
Bhagat Singh PW 382 , the receptionist of the hotel has also proved the same stating that he had allotted Room No.
Appellant A 41 reached close to the Magnum office in the van.
He has further revealed that after making the recovery of the suitcases from him the police got them open through the mechanic.
Subsequently, she had been living in the said flat alongwith her parents and widow of his brother with a minor child.
Hanit Usman Shaikh PW 282 Mohammed Hanif Usman Shaikh PW 282 in his statement disclosed that the appellant A 67 had given him two suitcases in his office on 22.3.1993 at 9.00 P.M. in closed companydition and the appellant A 67 had asked the witness to keep the said two suitcases and also told that the suitcases were companytaining Fax machines.
Hence, this appeal.
There had been an attempt to kill him, after he was released on bail.
He had number heard any companyversation that had ensued between Rashid and his companypanions during the period in which, they were at the hotel.
However, the Designated Court has further held, that numbernexus companyld be established between the appellant A 50 and Tiger Memon AA .
On 8.3.1993, Shafi came to her house and handed her an envelope.
Tiger Memon AA spoke to them, in the bedroom.
In companyrt, he had been unable to say whether the paper in which the blackish lump was wrapped, was the same paper bag in which it had been kept, when the sample had initially drawn at the time of seizure of the goods by the Police.
Deposition of Hari Pawar PW.596 He is the Police officer who made the recovery at the instance of the appellant A 41 , in the presence of Panch witnesses.
He has identified the signatures that had been put on the panchnama by the panchas, and by himself.
The appellant A 41 became frightened, as he was in the possession of arms.
It is evident from the record hereinabove, that in the second week of February 1993, the appellant met Yakub Memon A 1 in the office of Amzad Abdul Aziz Meherbux A 68 and A 1 asked the appellant to book tickets for Dubai for him.
The pants and underwear were buried.
Viijay Dagdu Kadam PW 344 a Sub Inspector of Police, who had arrested A 91 has stated that on 28.4.1993, the appellant A 91 had expressed his willingness to make a companyfession voluntarily, and thus, he had written a letter on the very same day to Shri Lokhande, DCP, for the purpose of recording his companyfession.
He then brought some cloth from his house and gave it to them.
Usman PW 2 , Javed, Bashir and Nashir alongwith 10 15 other boys came at her residence.
When he companytacted Salim A 65 , he A 95 was told to stay in touch with him as a need might arise for them to travel abroad.
Upon being asked, Mechanic Chacha A 136 had told the police that the boxes companytained wrist watches.
The appellant A 41 told Anis Ibrahim Kaskar that he did number know Salim Kurla.
His companyfessional statement to this effect stands companyroborated by the material in the companyfessions of Jaywant Keshav Gurav A 82 , Mohd.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the records.
Hanif.
During this period, the appellant A 41 learnt from the newspapers that Salim had been arrested by the police while trying to extort money from a Gujarati person.
All the sentences awarded to the appellant A 47 were ordered to run companycurrently.
He started the business of money taking and giving with both of them.
His friend Ramesh Govalkar had also accompanied him.
Again on 10.3.1993, he was called at the house of appellant A 96 for a meeting.
MMU 4372.
Tiger Memon AA was directing his men in the bedroom of the house for a period of approximately half an hour and she and her family had been sitting outside.
Immediately thereafter, riots took place in Bombay.
The next day, he A 53 went to his office and met Salim and the appellant A 41 and then reached the house of Sanjay Dutt A 117 .
After bomb blasts, he kept the remaining two bags with Mohd.
After the arrest of the appellant, he made a disclosure under Section 27 of Evidence Act Exh.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
Undoubtedly, the evidence on record in respect of booking does number lead to draw an inference, that while booking the tickets he had any knowledge of any companyspiracy regarding the Bombay blasts and in view thereof, he had rightly been acquitted of the charges of the first limb of the second charge under Section 3 3 TADA.
However, the recovery of 2 suit cases companytaining the arms and ammunition i.e., handgrenades, detonators and wires etc.
We have companysidered the rival submissions made by the learned companynsel for the parties, and perused the record.
The appellant A 67 was in possession of bags after he shifted them to Hanif PW 282 as he assumed full companytrol of said bags without any instruction of Yakub A 1 .
The van which the appellant A 41 had driven was taken to the garage in reverse gear.
The appellant A 67 deposed that he was a recruiting agent under the name of Altaf Enterprises.
The alleged recovery of articles 42 and 43 had number properly been sealed, therefore, there was a possibility of tampering with the companytents of the suitcases.
The appellant A 50 had then asked Rashid Khan to help him to destroy the material.
The magazine had also companytained eight cartridges.
Some other boys were also present there.
They were given 200 Dirhams for expenses.
1 A to Rashid.
They were given Rs.
Rafiq Madi Biyariwala A 46 The said accused stated that on one occasion the appellant A 67 was delivered Rs.50,000/ and on another occasion Rs.62,000 63,000/ at the instance of Yakub Abdul Razak Memon A 1 .
In his cross examination, he has made it clear that on the said day, he had reached the detection room at 1.00 p.m. and that the appellant A 50 had been with him from 1.00 p.m. to 6.15 p.m. The panch witnesses had been called at about 3.50 p.m. He has expressed his ignorance as regards whether on the said day, some Judge had companye and companyducted remand proceedings at the Mahim Police Station between 1.00 p.m. and 3.15 p.m. His deposition has further revealed that he had left the police station with the appellant, and other persons at about 4.15 p.m. and had returned to the Mahim Police Station alongwith his team, the accused and the panch witnesses at about 7.15 p.m. The bridge on the Kaman river from where the recovery was made, was at a distance of about 35 40 Kms.
Thus, he immediately shifted the arms to Iqbal Tunda and informed Salim to keep the remaining goods with someone without disclosing his A 41 name.
The said companytraband had been destroyed in two installments one at the Nagla creek, and another at the bridge on the Kaman river.
Hence, this appeal.
1/1993.
Rafiq Madi Biyariwala A 46 Deposition of Mohd.
1805 and a positive FSL Report Ext.1806 had thereafter, been received.
1129 1130 of Altaf Ali Sayed A 67 10 years RI Dismissed 2007 with fine of Rs.50,000/ and 10 years with fine of Rs.2 lakhs 3.
He has stated that he was told by Yusuf to whom he was acquainted from 1.5 years, that Salim Kurla A 65, since dead was making a movie, and that if he A 95 wanted, he companyld be assigned the role of a stunt man in such movie.
In his companyfession, he stated that at the instance of Salim A 65, since dead , he went to Dubai alongwith the appellant A 95 , Hanif Mohmed Usman Shaikh A 92 and Usman Man Khan Shaikh A 115 and there they met Ahmed and Farooq, who were introduced to them by Salim and there they stayed in Delhi Darbar Hotel.
After sometime, a girl, the appellant A 96 who was called by Tiger Memon, brought tea and served to all of them.
Their recovery had been made at his behest from the residence of his mother in law.
The witness had informed Nayak over the phone that one Rashid had companye to the said hotel and that he had requested a room.
The appellant was introduced to companyaccused Sanjay Dutt A 117 at the residence of the latter.
He has also admitted that it was improper to companytinue the custody of the appellant A 95 during the period that is given for reconsideration, with the same police officer who had produced the said accused before him on 13.7.1993.
Evidence against the appellant A 50 Confessional statement of the appellant A 50 Confessional statement of Shakeel Shahabuddin Shaikh A 59 Confessional statement of Munna A 24 Deposition of Upendra G. Patel PW 33 Deposition of Wilson John Britto PW 274 Deposition of Ajit Pratap Singh PW 291 Deposition of Fazal Akbar Khan PW 468 Deposition of Prakash Dhanaji Khanvilkar PW 513 Deposition of Kailas Baburao Dawkhar PW 518 Deposition of Dattatray Maruti Wayal PW 521 Confession of Noor Mohammed Haji Mohammed Khan A 50 The companyfession of appellant A 50 was recorded on 14th/16th May, 1993.
Thus, two suit cases remained in his possession.
Rafiq Musa Biyariwala A 46 revealed that on two occasions Yakub Memon A 1 had given Rs.
The present case is a clear case where a police party had intercepted and checked trucks carrying the smuggled goods articles i.e. arms, ammunition and companytraband, and has, after negotiating for half an hour, with such party, permitted them to proceed further after receiving the decided bribe amount i.e. silver bricks in lieu of cash which was to be paid later on.
Yunus Gulam Rasool Botomiya Appellant Versus State of Maharashtra Respondent This appeal has been preferred against the judgment and order dated 30.5.2007 passed by a Special Judge of the Designated Court under the TADA in Bombay Blast Case No.1 of 1993 by which the appellant A 47 was found guilty for offence punishable under Section 3 3 TADA and sentenced to suffer RI for 6 years and ordered to pay a fine of Rs.25,000/ and in default of payment of fine ordered to suffer further RI for a period of 6 months under Section 5 TADA, and sentenced to suffer RI for 6 years and ordered to pay a fine of Rs.25,000/ and in default of payment of fine ordered to suffer further RI for a period of six months and under Sections 3 and 7 read with Section 25 1 A 1 B a of Arms Act, but numberseparate sentence awarded on said companynt.
The appellant had gone to Bombay and had given a Toyota Corolla car to Rashid Khan, in lieu of payment of a sum of Rs.
Confessional statement of Munna Mohammad Ali Manoj Kumar Bhanwar Lal A 24 He had been 26 years of age at the time of the said incident, and has companyfessed that he had started a hawala business with Eijaz Pathan, who lived in Dubai and that he also had a house in Bombay.
The said bag had also companytained eight 9 mm loose rounds.
P.23 B 9264.
He also booked tickets for 15 16 persons at the instance of Yakub for which passports and payments were received through Rafiq Madi A 46 .
Mohammed and Shakeel had denied having any information as regards the said goods.
The appellant was arrested in 1989 for violating the provisions of Foreign Exchange and Regulation Act, 1973 hereinafter referred to as FERA .
1/1993 by which the appellant has been companyvicted under Section 3 3 TADA and sentenced for 10 years rigorous imprisonment and a fine of Rs.50,000/ and in default of payment of fine to further suffer rigorous imprisonment of one year.
The prosecutions case stood companyroborated by the companyfessional statement of Rafiq Madi A 46 , who had also disclosed that he had received a sum of Rs.50,000/ and Rs.62,000/ respectively, from Yakub Memon A 1 to be handed over to the appellant A 67 and accordingly, the said amount had been delivered to the appellant by him.
As the smuggling party did number have cash, Mechanic Chacha A 136 had removed 5 silver bricks from the truck and had given the same to Havaldar Pashilkar.
The appellant A 41 told her that Salim had kept some companyputer parts with him A 41 and that the same were to be returned to him at the earliest.
Salim and Samir Ahmed Hingora A 53 then sat in the van driven by the appellant A 41 , and all those three persons reached the house of companyaccused Sanjay Dutt A 117 .
However, upon the request of Salim, he A 53 agreed to take him to Sanjay Dutts house while he was talking to Anis Ibrahim Kaskar over the telephone about the said weapons.
Even his brother Ramesh Kumar, a handicapped man, had number been spared.
Rashid Khan had taken the packet with him, and had subsequently informed him that the same most certainly companytained material for making bombs.
Hence, the appellant A 95 had been trained for the companymission of terrorist acts.
All sixteen loose rounds had the digits 11/83 marked on the base of the cap of the said bullets.
P.C., the appellant A 101 has submitted that Vinod Chavan PW 590 had number made any such recovery, rather, on 21.4.1993 the appellants wife had gone to the Shrivardhan Police Station and had given a sum of Rs.15,000/ that had been brought by her by pledging her ornaments with the Mahad Cooperative Urban Bank to avoid harassment, as the same had been demanded by the Police.
Salim Kurla was arrested after the Bombay blast and upon his disclosure, the appellant A 41 was arrested on 28.3.1993.
Thus, on his instructions, the appellant A 41 handed over two rifles and 6 loaded magazines to Salim Kurla.
was effected by Anil Mahabole PW.506 , on the disclosure of the appellant in the presence of Suresh Satam PW.37 and on 26.3.1993 from the house of Mohd.
Confessional statement of Abdul Gani Ismail Turk A 11 Abdul Gani Ismail Turk A 11 in his companyfessional statement stated that he used to bring and deliver Hawala money, for which he was paid Rs.
During the trial, 11 accused died and 2 accused turned hostile.
The same were also unloaded.
The appellant also became acquainted with Mohammed Dossa and Tiger Memon AA .
A companymon charge of companyspiracy was framed against all the companyonspirators including the appellant.
The hand grenades were also packed in brown companyoured paper.
When the sealed packet was opened, it was found to companytain a 7.62 mm pistol with magazine.
The witness has been cross examined.
A 41 companytacted Anis Ibrahim, who told the appellant A 41 to give two guitars and six tars companyd to Salim Kurla and also, to give him some Kadis and on being told that the Kadis had already been attached to the broom Jaadu , Anis Ibrahim asked the appellant to give only 6 tars.
Haneef talked to Anis Ibrahim Kaskar AA in Dubai over the telephone, and expressed his unwillingness to carry out his instructions.
Evidence against the appellant A 95 Confessional statement of Mohmed Sayeed Mohmed Issaq A 95 Confessional statement of Hanif Mohmed Usman Shaikh A 92 Confessional statement of Shaikh Ibrahim Shaikh Hussein A 108 Confessional statement of Usman Man Khan Shaikh A 115 e Deposition of Dilip Suryanashi PW 225 Deposition of Amrutkumar Shah PW 362 Deposition of Bhagat Singh PW 382 Deposition of Achyut Bhalchandra Deshpande PW 657 Deposition of Surendra Kumar Sonhd PW 188 Confessional Statement of Mohd.
They had arranged for a dumper from the Sarpanch of the village Anand Dighe.
In the month of September, 1992 Tiger Memon AA told him on telephone that he was sending a huge amount of money through one Farid and the appellant would accept it and hand it over to Keshav Dalpat on getting the receipt.
The said plot was taken care of by a watchman who had been appointed by him.
So, he companyroborated the prosecution case only to the extent that Tiger Memon AA had indulged in Hawala transactions.
Evidence against the appellant A 41 Confessional statement of the appellant himself.
On the cartridges, the digits, 11/83 were inscribed.
It had been revealed that the material belonged to Yeda Yakub.
However, Rashid had been unable to determine what it was.
Such a companyduct on the part of the accused was taken into account by the Sessions Court in evaluating the incriminating circumstance spoken to by PW 10 that they were in the same room on the fateful night.
Accordingly, the next night at 9 9.30 p.m. Ayub came with arms including one AK 56 rifle.
Though, the said witness had number been turned hostile but, he was permitted to ask some questions in the nature of cross examination regarding the happening at the Mahim Police Station in the month of February March 1993.
25,000/ , and in default of payment of fine to suffer further R.I. for 6 months was imposed.
The police arrested the appellant after 4 5 days of bomb blasts.
Dilip Biku Pansare PW 97 was a mechanic in the State Transport Corporation, but had also been assisting Uttam Potdar A 30 in his smuggling activities and it was he who had been driving the vehicle carrying the smuggled articles on 9.1.1993 from Dighi Jetty to Bombay.
He had worked in the hotel upto 1994.
He has also revealed that the two suitcases recovered had been shown to him and he kept their description in mind.
They asked for Tiger Memon AA and she replied that he was inside.
When he reached the police station and had agreed to become a panch witness, there were some companystables and one more person, who had disclosed that his name was Ibrahim Musa Chauhan Baba Chauhan A 41 .
Alongwith him, one Shri Wilson Britto PW 274 had been working there as an assistant.
1.9 Crores.
Out of them, one ticket was of Air Emirates Bombay Dubai Bombay and second was of Gulf Air Bombay Abu Dhabi Bombay.
Appellant was asked to prepare 15 20 cups of tea.
He removed an AK 56 rifle, 635 cartridges and 25 hand grenades, and handed over the same to P.I. Pawar who examined all the articles.
CBI STF Respondent These appeals have been preferred against the judgment and order dated 18.9.2006 and 19.7.2007, passed by a Special Judge of the Designated Court under the TADA in the Bombay Blast Case No.1 of 1993 by which the appellant has been found guilty under Sections 3 3 and 5 TADA and Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, and has been awarded a punishment to undergo 5 years RI alongwith a fine of Rs.12,500/ , and in default of payment of fine, he was ordered to suffer further RI for a period of 3 months under Section 3 3 , alongwith a similar punishment as was awarded under Section 5 TADA.
The witness has also identified Noor Khan A 50 in companyrt.
His house was also raided by the Customs Department in 1989, and since they found some illegal accounts, he was also arrested.
x 4 ft.
Evidence against the appellant Confessional statement of the appellant Mulchand Sampatraj Shah Chokshi A 97 Confessional statement of Raju Laxmichand Jain Raju Kodi A 26 Confessional statement of Abdul Gani Ismail Turk A 11 Confessional statement of Mohmed Rafiq Mianwala Rafiq Madi A 46 Confessional statement of Asgar Yusuf Mukadam A 10 Confession of the appellant Mulchand Sampatraj Shah Chokshi A 97 From the companyfessional statement it has been revealed that the appellant was doing the business of bank draft discounting in the name and style of Chokshi wherein the appellant used to take amount from the public, and to return the same in instalments.
The appellant witnessed the handing over of companytraband to the companyaccused A 117 .
After the incident dated 12.3.1993, the appellant left alongwith several other persons under a fictitious name, and stayed at Baroda at a hotel.
Suresh Narathe PW 522 , a Sub Inspector of Police had prepared the disclosure Panchnama Ext.
He A 11 reached at the flat of Mubina, appellant A 96 .
Thus, he has proved the statement of the witnesses that have been recorded.
Thereafter, Amzad Ali Meharbaksh A 68 gave the the appellant A 67 four bags of Yakub A 1 and after some time Rafiq Madi A 46 came with money for the tickets.
Shaikh.
The witness explained that he was fully aware of the requirement of recording a companyfession and that he had companyplied with all the said requirements while recording the companyfession of the appellant.
They were given there 200 Dirhams for expenses.
The amounts varied from Rs.
The witness asked the appellant his name and then as instructed by the witness, PSI Patil and police party left the chamber after removing handcuffs of the appellant A 67 and being fully satisfied that his companyfession was voluntarily recorded.
The said watchman had been removed by the appellant A 50 on the basis of certain companyplaints regarding his behaviour with a local girl, and another watchman had thereafter, been appointed.
On the basis of the above, it has been submitted by Mr. Mukul Rohtagi that the evidence given by Mohammed Hanif Usman Shaikh PW 282 does number inspire companyfidence and cannot be relied upon.
Rashid had taken him the next day to the Ghodbunder hotel and there he had met Noor Khan A 50 and Mohammad Jindran, who had already reached there.
The appellant A 122 had stopped at the companyner, and had told them that they had to go down to the Creek.
All the sentences have been directed to run companycurrently.
Subsequently, he A 24 had been arrested and enlarged on bail.
More so, numberexplanation had been made by the prosecution as how the key maker was present on the scene and who had brought him.
The same had been recorded after drawing the memorandum panchanama.
The appellant A 50 had then decided to spend a sum of Rs.5 lakhs, for the purpose of destroying the material as he had apprehensions regarding the incident of recovery of the same material in Mumbra.
He had subsequently reached the Dawat hotel, to receive a sum of Rs.20,000/ from Noor Khan.
Rashid had paid Rs.300/ to the witness, as a tip.
on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santa Cruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony.
At the said time, only one piece had thus been taken out of the bag.
Next day, the appellant A 41 loaded all the bullets in the magazines of the rifles.
The appellant A 67 had taken 5 bags on 10.3.1993 and kept the same in the garage of Yakub Memon A 1 at the Al Husseini Building.
One Shri Kailash Jain, alongwith others had owned the said farm house.
Hanit Usman Shaikh PW.282 .
108 dt.
However, after driving for about 1 Km.,
CRIMINAL APPEAL NO.1631 OF 2007 Mohd.
1.89 Crores in the said account in November December of 1992.
In the last week of October 1992, Tiger Memon opened an account with the appellant in the name of HATHI.
He A 30 has further stated that Mechanic Chacha A 136 had offered the police party a sum of Rs.10 lacs.
Shakeel had thus gone there, and had companytacted the driver of the parked tempo.
Sanjay Dutt hugged Salim and asked him to companye the next day with the weapons.
Hanit PW 282 from where they were recovered at his instance.
50 Lakhs in the month of November, 1992 and thus, the total amounted to Rs.181.48 lakh, in the HATHI account of Tiger.
P.I. Hadap had picked up the pistol, and taken out its magazine.
They had companye in a Maruti Van and parked the same in the tin shed which was used by him for parking his own vehicles.
The appellant was again arrested in 1991 by the Central Bureau of Investigation hereinafter referred to as CBI in companynection with the hawala business with one Mr. Shambu Dayal who was doing hawala business between Bombay and Delhi, and he had furnished some information about the appellant to the department.
Upon being asked by the witness, the accused had told him his name, which was Asif Yusuf Shaikh A 107 , and he further told him that he companyld aid in the recovery of certain bombs that had been hidden by him.
Moreover, he was tutored and was asked to involve the appellant A 67 in this case.
Subsequently, the appellant A 67 took away the four suit cases and kept them in his office, at the instance of Yakub Abdul Razak Memon A 1 .
However, under Sections 3 and 7 read with Section 25 1 A 1 B a of the Arms Act, the appellant was companyvicted, but numberseparate sentence was awarded.
The witness had then become very scared, owing to the threat that had given to him.
Shri Shree Prakash Sinha, learned companynsel appearing for the appellant, has submitted that the companyviction of the appellant which is based on the companyfession of the appellant, is number sustainable for the reason that the companyfession itself has revealed, that the appellant had refused to record any companyfession at the initial stages of recording his companyfession.
He had spoken to the senior steward, Ajit Roop Singh from his hotel.
On their asking, the police had been told that the smuggled goods were silver and that there were also some boxes that companytained glassware.
However, the punishments have been directed to run companycurrently.
The companystable had stated that he companyld number disclose the reason purpose for which he had been called there, and had only told him that the Inspector would explain the same to him.
He has companyroborated the version of recovery as stated by PW.45.
He asked them as to what was in the bag and Amzad told him that it companytained weapons etc.
It was on 8th April that Munna had telephoned the appellant A 50 demanding the balance amount of Rs.2 lacs that had been promised to him stating that, otherwise he A 50 would face dire companysequences.
The relevant part of his companyfession suggests that he had acquired land at Kashimira, measuring 1200 sq.mtrs.
The appellant did number raise any companyplaint against anybody and said that he was giving his companyfessional statement voluntarily without any pressure or fear or any inducement given by any person.
Noor Khan A 50 had gone with Shakeel in the said vehicle, to his residence at Mira Road.
They have deposed that on 9.1.1993, they had gone alongwith 12 other labourers to Dighi Jetty, for the said landing.
The person sitting there had then stated that he was Ehsan Mohmed Tufel Mohmed A 122 .
Shri Mushtaq Ahmad, learned companynsel appearing for the appellant has submitted that the appellant had been dragged in trial only being relative of Fazal, though he was number involved in the offence.
the meetings attended after the said training the purpose of the training and the oath of secrecy taken by the appellant A 95 as well as all other relevant factors, it becomes abundantly clear that all the above activities were directed towards the companymission of acts of violence against the people of Bombay, and since the same were number directed against any particular person, they companyld only be for the purpose of the companymission of terrorist acts.
Moiddin Kabir PW 58 and Ashok Kumar Harivillas Pandey PW 59 were panch witnesses.
During his interrogation, the appellant A 122 had expressed his desire to make a companyfessional statement.
Hence, this appeal.
Hence, this appeal.
He had then telephoned the Juhu Office and had talked with his boss Shri Sunil Naik.
He knew the names of the three companypanions of the Rashid.
The car purchased by her brother was being driven by the appellant A 96 .
He companyld number companytact Salim to take away the said arms as numberone picked up Salims telephone.
We have companysidered rival submissions made by the learned companynsel for the parties and perused the records.
They told him A 117 that they would be companying the next day with the weapons that were to be delivered to him and then went away.
While serving them, he had heard Rashid telling the others that the goods which had been kept in the godown of the appellant A 50 , were to be thrown at the earliest into the Nagla creek, by taking the same in the vehicle of Anya Patil, as an investigation by the police was in progress.
He had then returned to Bombay, and had asked Mohammad about the goods.
However, he promised to take them back in the evening, but then did number companye for two days.
He had opened the said bag, and found that it companytained one foreign made pistol loaded with magazine, companytaining eight 9 mm rounds in it.
Salim opened the cavity of the car which was under its back seats with the aid of a panna, and from within, removed 9 AK 56 rifles one by one, and then opened the inside lining of the front door of the car and removed from there 80 hand grenades without pins, then he removed 1500/2000 bullets from the back door.
Thus, he had secured two panch witnesses and in their presence, the appellants A 122 statement had been recorded in Hindi, and for this purpose, a memorandum panchnama had also been drawn up.
She deposed that after the death of her brother, Tiger Memon AA had supported her family financially by paying Rs.10,000/ per month for household expenses which had subsequently been enhanced to Rs.20,000/ on being asked by her father.
After companysidering the entire evidence on record, the learned Designated Court came to the companyclusion that the appellant A 41 was aware that the arms and ammunition which were handled by him were to be used during riots against Hindus.
Deposition of Upendra G. Patel PW 33 ?
Two persons had also been standing by his side in civilian clothes.
He had then taken out one plastic bag from the creek water, and had handed over the same to this witness.
Later on, his father obtained the bag which he had kept with Iqbal Tunda through Hazi Ismail, and the same was produced before the police.
The next morning, Samir, Haneef and Salim came to his house alongwith one other person, whom he did number know.
Sayeed Mohmed Issaq A 95 His companyfession was recorded by Shri Surendra Kumar PW 188 , DCP Zone IV Bombay.
When he had visited the place for the second time, he had removed the companytents, and had seen what looked like black soap.
The appellant A 50 had also made retraction of his companyfession on 14th/16th May, 1993, at a belated stage.
He kept the remaining two bags companytaining weapons and explosives with Mohd.
16 Lakhs to Rs.
D 3, xerox companyy of 3 tickets.
Subsequently, he was enlarged on bail.
Various transactions were recorded totaling almost Rs.
Confessional statement of Abdul Gani Ismail Turk A 11 His companyfessional statement revealed that on 7th March, 1993 in the evening, he went to accused Imtiyaz for taking the scooter which he sold to him A 11 , then he came to know that Tiger Memon AA had companye back to Bombay from Dubai and he wanted to meet him at Al Husseini building.
their vehicle had been stopped upon the instructions of Noor Khan A 50 near a bridge, and Shakeel had been asked to throw the sacks.
He also identified the two persons alongwith Sanjay Dutt.
Hanif.
There were 56 magazines in the lining of the back door of the car.
After their arrest, Shakeel was the only person who had known that the material thrown by him actually companysisted of explosives.
The appellant was in companyscious possession of certain companytraband items.
The appellant A 41 made a retraction statement on 21.12.1993.
Salim wrapped three AK 56 rifles and some magazines in a bed sheet as per the request of Sanjay Dutt A 117 , and Salim also gave Sanjay Dutt 20 25 hand grenades which were put in a black companyoured bag along with other ammunition.
More so, the panch witness companyld number be relied upon because his brother is an employee in arms department in police and thus, he companyld number termed to be an independent witness.
He has denied the suggestion that the appellant A 50 had number in fact made any disclosure statement when he had been taken to the bridge on the Kaman river etc.
Hanit Usman Shaikh PW 282 Deposition of Prem Kishan Jain PW 189 Deposition of Shri K.L. Bishnoi PW 193 Deposition of S.J. Satam, Panch witness PW 37 Deposition of Waman Kulkarni PW 662 Deposition of Woman Dotlkar PW 420 Deposition of Asit Devji PW 341 Deposition of Anil Prabhakar PW 506 Memo Panch Ex.
Thus, it came in evidence through the companyfessional statements of A 67 and A 46 that four suitcases were kept in the jeep, which was parked in the residential premises of Amjad Abdul Aziz Meherbux A 68 , discharged accused by Abdul Gani Ismail Turk A 11 and Anwar Theba AA at the instance of Yakub Abdul Razak Memon A 1 .
Upon opening the bag, the same was found to companytain one pistol and eight cartridges.
In his examination under Section 313 Cr.
He had met Salim once or twice earlier also.
Rashid had told him that for removing the said packets, he had taken a sum of Rs.5 lakhs.
Confessional statement of Parvez Nazir Ahmed Shaikh, A 12 He deposed that in the second week of February 1993, he alongwith other companyaccused brought the companytraband smuggled from Dubai to Bombay in a jeep at 11.30 p.m. The jeep was parked at the house of Mubina, appellant A 96 , and he handed over the keys of the jeep to Mubina, appellant A 96 .
The remnants of the RDX were taken from his godown, and thrown into the Kaman river.
Thus, the Designated Court under TADA framed charges against 138 accused persons.
These bullets were packed in brown companyoured paper, in packets of 25 30 bullets, which were held together by rubber bands.
He had given the address of his residence.
After reaching there he took him A 89 , to the office of the appellant A 41 at Monaz Builders and Builders, S.V. Road, Andheri, Opposite the Post Office.
The recovery memo of the alleged articles had number been signed by the appellant and even the story of handing over the two bags to the appellant is false for the reason that it has been alleged that Amzad Ali Aziz Meharbaksh had given four bags which were returned to Yakub Memon A 1 as Amzad Ali Aziz Meharbaksh had been discharged by this Court.
The appellant A 107 had removed the other things and the tiles, and had taken out a plastic bag which had companytained 4 hand grenades.
On 22nd/23rd January, 1993, in the evening, Salim companytacted him over the telephone and called him to his office at Santacruz.
He received a sum of Rs.25 lakhs and the said amount was paid by the appellant to Keshav Dalpat.
After sometime, Tiger Memon AA and Shafi came there.
The appellant A 41 kept the said arms and ammunition as directed by Salim in the dickey of Sanjay Dutts car A 117 , locked the dickey and put the key in his pocket.
More so, the prosecution companyld number produce all 105 handgrenades, alleged to have been recovered from the possession of the appellant as there had been shortage of 20 handgrenades.
However, he was companyvicted for the second charge i.e. smaller companyspiracy under Section 3 3 TADA and was awarded a sentence of 8 years RI alongwith a fine of Rs.1,00,000/ , and in default of payment of fine, to suffer further RI for a period of three years under Section 5 TADA, he was sentenced to suffer RI for 10 years alongwith a fine of Rs.50,000/ , and in default of payment of fine, to suffer further RI for a period of one year under Section 6 TADA, he was sentenced to suffer RI for 10 years and a fine of Rs.1,00,000/ , and in default of payment of fine, to suffer further RI for a period of 3 years under Section 4 b of the Act 1908, he was sentenced to suffer RI for four years alongwith a fine of Rs.25,000/ and in default of payment of fine, to suffer further RI for a period of 6 months, under Section 9 B 1 b of the Act 1884, he was sentenced to suffer RI for one year alongwith a fine of Rs.
Ramesh Mali A 101 and Ashok Narayan Muneshwar A 70 had been the ones companynting the bricks in the truck.
In view of the above, it is evident that a pistol had been sold by Firoz A 39 to the appellant A 122 , and that it had been the accused A 39 , who had taught the appellant how to use the cartridges.
After companyclusion of the trial, the learned Designated Court companyvicted the appellant as referred to herein above.
109 Confessional statement of the appellant A 67 His companyfessional statement was recorded on 16.4.1993 by Prem Kishan Jain PW 189 , D.C.P. Commandant SRP F Group VI Dhule.
Sultan Sayyed A 90 , Salim Kutta A 134 and Mechanic Chacha A 136 , to the extent that the smuggling party had in fact been intercepted by the police, and that without naming the appellant, they have described how they had been detained, and subsequently, how they were released after negotiations that lasted about half an hour, and as regards how since they did number have cash, they had delivered 5 silver bricks to the police.
He had also been instructed by Eijaz from Dubai, to number tell anybody about the smuggling.
Further, he had number made any disclosure statement number any recovery had been made at his behest.
Subsequently, they found themselves in front of a chawl owned by the appellant A 41 .
On the same night, A 41 received a telephone call from Dubai from Salim informing him that he was companying back to Bombay within 1 2 days, and that after companying back he would companylect all the goods.
5,000.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant was charged with being an associate of Tiger Memon AA , abetting and knowingly facilitating the companymission of terrorist acts companymitted on 12.3.1993.
The appellant A 41 had disclosed to the police in his presence, that he had AK 56 rifles, magazines, grenades and cartridges which he had been companycealed, and that he would show them the place of companycealment and also produce the weapons.
She was unmarried and 22 years of age at that time.
The police officers had informed him that the person who was sitting on the chair, was an accused in the Bombay blast case, and that therefore, he PW 39 may act as a panch witness.
This companyclusion stands fortified from the companyfessional statement of the appellant, as well as from the statements of the other witnesses.
The witness, Rashid and Noor Khan had travelled in the car of Noor Khan, to the said place at Dahisar.
The accused A 41 had removed the bag from the dustbin in their presence.
Salim made a list of all the articles and asked the appellant A 41 to keep 3 rifles, 9 magazines, 450 bullets and 20 hand grenades in Sanjay Dutts Fiat car A 117 .
Evidence against the appellant A 107 Confessional statement of Nasim Ashraf Shaikh Ali Barmare A 49 Deposition of Chandrakant Atmaram Vaidya PW 40 Deposition of Ratansingh Kalu Rathod PW 600 The appellant A 107 has number made any companyfession.
He kept these rifles and the ammunition in the dickey of his Fiat Car No.
There was some waste material in black companyour which was filled into a sack by them.
265 in the presence of Ashok Kumar Harivillas Pandey PW 59 , panch witness, on 9.4.1993, and in pursuance of the said disclosure Panchnama, 3 AK 56 rifles and 9 empty black companyoured magazines had been recovered vide seizure Panchnama Ext.
Thus, he had gone alongwith the panch witnesses, police officials and the appellant, in a police jeep.
Confessional statement of Mohd.
Tiger Memon and other companyaccused came down from her flat at about 11.30 12.00 oclock at night and they left in jeep and Maruti car.
After driving for about 10 Kms.,
He returned 30 loaded magazines to Salim and Ayub which they kept inside the dickey of their scooter and left.
The information divulged by appellant A 47 i.e., the one recorded in Panchnama Ex.93 revealed that the appellant had full knowledge regarding companytraband material being at a place stated by him.
Subsequently, Shafi took the accused A 11 with him in the Maruti car.
On 10th March, the appellant A 67 had taken 5 bags and kept the same in the garage of A 1 at Al Husseini Building.
Rashid, a very close associate of Tiger Memon AA had also been involved in the process of such disposal.
After returning to India, the appellant had attended a companyspiratorial meeting that had been held at a flat on Bandra Hill Road, on 9.3.1993 alongwith other 10 other accused, including Tiger Memon AA , Javed Chikna, Anwar and Usman PW.2 .
He supported the prosecutions case by saying that Sanjay Dutt had instructed the witness to go to Gate number 1 for duty, which he had followed.
389/93.
On 16.1.1993 the appellant A 41 received a telephone call from Salim, who asked him to talk to Anis Ibrahim Kaskar AA .
Amzad sent 4 bags of Yakub to be kept with him as per their earlier meeting.
He had gone to the Sahar International Airport, and had thrown a hand grenade there which owing to the fact that it companyld number reach its target, had exploded mid way.
The Bombay police investigated the said matter at the initial stage, but subsequently the investigation of the same was entrusted to the Central Bureau of Investigation hereinafter referred to as the CBI , and then upon companyclusion of the investigation, a chargesheet was filed against a large number of accused persons.
Then they came back to the flat of Mubina, appellant A 96 .
On 2.4.1993 at the instance of appellant, Eknath Jadhav PW.606 in the presence of Samir PW.34 Panch Witness prepared the memorandum Panchnama Exh.93.
Shri Mukul Rohatgi, Learned Senior Counsel appearing for the appellant, has submitted that the appellant stood companyvicted under Section 3 3 TADA for facilitation by providing financial assistance to the companyaccused Tiger Memon AA in various activities.
It was here that Uttam Potdar A 30 , has revealed that he had given illegal gratification for the earlier landings to Ramesh Mali, Hawaldar A 101 .
All of them had then returned to the Mahim Police Station.
The Designated Court companyvicted the appellant A 41 on the basis of the evidence as has been hereinabove stated.
The witness had thus secured two panch witnesses, and it was in their presence that the appellant A 50 had made a disclosure statement in Hindi.
When Salim and A 89 entered the car, he A 41 saw that a black bag companytaining weapons, was kept on the rear seat of the car.
Raju Kodi A 26 had deposited amounts varying from Rs.
The said pistol and magazines had then been packed into a white plastic bag, wrapped with brown paper, and tied with a white string and sealed.
He was arrested and remained in jail for 7 months.
The same was a dirty place filled with water.
A letter had been given to him, so that the driver of the tempo would permit Shakeel to unload the companytents of the said tempo onto the land belonged to Noor Khan A 50 .
Appeal Designated Supreme Court Court 1.
Deposition of Pandharinath Hanumanth Shinde PW.218 .
Tiger had further told him at the time of his departure that if Yakub required money, it was to be given from the same account.
Deposition of Fazal Akbar Khan PW 468 He had known Rashid and Noor Khan A 50 for the past 15 years.
Out of the total seven suit cases, appellant A 67 delivered five suit cases to Yakub Abdul Razak Memon A 1 at Al Husseini building.
He kept the magazine and bag in one place.
It is also evident that the recovery had been effected from Mahim Creek, on the basis of the disclosure statement made by the appellant, as has been deposed by the panch witness PW 39 .
The same was weighed and packed in plastic wrap, after which, it was also wrapped in a piece of paper, in the form of a paper bag.
The recovery of the companytraband material which was effected upon the making of a disclosure statement by the appellant, took place at a dumping ground for waste.
The recovery has been made in accordance with law and there is sufficient material against the appellant to companyvict him for the aforesaid offences, hence, numberinterference is required.
The police inspector had prepared a panchnama, which had been read over to the panch witnesses and had been duly signed by them.
The bundles of wire were kept together and wrapped in a paper.
He had sent the recovered materials for FSL for examination, vide letter dated 20.4.1993 Ext.
The said paper bag had been picked up from a nearby place, under the bridge.
108 Discovery Panch.
The said Keshav Dalpat was brought by Raju Kodi A 26 .
Shafi came down from her flat and went towards Jogeshwari taking accused A 11 in a Commander Jeep and returned after one hour.
The said tickets and passports had been taken by Asgar A 10 , an associate of Tiger Memon AA on 11.3.1993 at 11.00 p.m. from her residence.
On the next day on 8.3.1993, he A 11 went to the house of Tiger Memon and after sometime, both of them went to the house of Mubina, appellant A 96 by the Maruti car of Tiger Memon.
The Bombay blast took place on 12.3.1993, and it was after that the appellant has kept the 2 remaining bags with Md. Hanit Usman Shaikh PW.282 from where they had been recovered by the police on a voluntary disclosure of the appellant and at his instance.
After 10 12 days, Rafiq A 46 sent him 3 bags of Yakub to be kept with him.
To harbour and companyceal terrorists companyonspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that ?
The material reveals that he was number able to return two bags on the companynt of same being heavy.
He knew Amzad Ali Aziz Meherbux Discharged accused and Yakub Memon A 1 .
Confessional statement of companyaccused Sanjay Dutt A 117 .
Yunus Gulam 6 years RI Dismissed Rasool Botomiya A 47 with fine of Rs.25,000/ and 6 years RI with fine of Rs.25,000/ 6.
He has deposed that he had been called to be a panch witness.
He has further companyplained that during the companyrse of his custody, his statement was recorded by the police under Section 6 but it was number read over and explained to him by the police either in Hindi, Urdu or in any other language.
The vehicles had been stopped and checked.
The Court has held that companysidering that the place of training was a foreign companyntry the fact that the nature of training acquired was to operate machine guns, AK 56 rifles, hand grenades, RDX, to undertake the preparation of bombs, and to operate rocket launchers etc.
Hanit PW 282 .
Thus, the learned Designated Court erred in companyvicting and sentencing the appellant.
The father of the appellant A 41 , had companylected a bag of companytraband kept with Iqbal Tunda through Haji Ismail, and handed over the same to the police.
He has further deposed that the appellant A 122 , the police officials and the panch witnesses had gone together from Fort Road to Mahim Junction and then to Mahim Causeway, Bandra Reclamation.
They reached the place as was explained to them by the appellant A 41 by police jeep, which was near Andheri Bus Terminus.
Some other persons were there, including Tiger Memon, Javed Chikna, Bashir, Usman, Sardar Khan and Parvez.
Deposition of Ajit Pratap Singh PW.291 He was 26 years of age and had been carrying on the business of painting houses.
The paper bag had number been sealed.
Hence, this appeal.
There is numberevidence on record that the appellant had any knowledge that Tiger Memon had been indulging in terrorist activities.
There is numberhing in the companyfessional statement of the appellant that he had any knowledge that Tiger Memon indulged in any terrorist activity.
Tiger Memon went up to her flat, though, accused A 11 remained sitting in the car.
The appellant was most certainly had close association with Mohammad Jindran AA , Rashid and with a few other accused persons.
1 lakh 10 years RI with fine of Rs.50,000/ 1 0 years RI with fine of Rs.1 lakh 4 years RI with fine of Rs.25,000/ and one year RI with fine of Rs.2,000/ 2.
Deposition of Wilson John Britto PW 274 He has deposed that he knew Rashid because on one occasion, he had gone to his hotel for a meal.
Salim came to see the appellant A 41 , and he had with him 30 loaded magazines which were wrapped in a plastic polythene bag and then kept in a cloth bag.
The appellant A 107 has also been charged under Sections 5 and 6 TADA, and Sections 3, 7 and 25 1 A 1 B a of the Arms Act for keeping the aforementioned 4 hand grenades that had been given to him by the companyaccused Nasim Ahmed Ashraf Qureshi A 49 , in his possession.
62000 63000/ to A 46 for giving it to the appellant A 67 , and accordingly A 46 delivered the same to the appellant A 67 and saw the appellant A 67 driving away from Al Husseini Building in red Maruti car with 3 suitcases.
Rashid had been companying to the said hotel alongwith his friends and family members, for meals and also to swim.
Sanjay Dutt asked his driver Mohd.
Both the tickets had been purchased through East West Travels and both of them had been for 12.3.1993.
He stated that he companyld identify, the person sitting in the car and also the hand grenades.
In the 3rd week of March, 1993 while he had been staying in Marol, Noor Khan A 50 and Mohammad Jindran had companye to meet him and had said that some packets of RDX were lying in the godown and that the same had to be destroyed.
Yeshwant Kadam PW 109 and Vinod Chavan PW 590 are the witnesses to the recovery of Rs.15,000/ from the appellant A 101 .
The panchanama was signed by this witness.
P.I. Pawar alongwith the accused had entered the open space.
There were numberleft over eatables dumped at the place and it was thus, number smelling.
Yakub Memon A 1 had instructed on telephone to the appellant for sending the bags to Al Husseini Building i.e., residence of Yakub Memon A 1 and his family.
The seizure panchanama was prepared by I. Pawar.
The witness had been attending the office of the appellant A 67 in companynection with taking the persons abroad.
The eight cartridges were separate from the pistol.
50,000/ and Rs.
After 2 3 days, Salim returned to Bombay and came to the appellant A 41 with his brother Kalam.
He had then been told, that the accused had wanted to make a disclosure statement, and therefore, he must pay close attention to it.
The appellant A 41 asked Salim to take these remaining articles from him.
They had then moved to Ghodbunder with one such packet.
Even in case the illegal banking business and dealing with money of smugglers and other type of criminals is admitted, the question does arise as to whether in such a fact situation, the appellant companyld have been charged companyvicted under Section 3 3 TADA.
When he A 50 had visited the said plot in the last week of February, 1992, he had seen some sacks lying in the shed companystructed thereon.
He A 59 had telephoned his employer after doing so, and had informed him that the work had been done.
Hanit Usman Shaikh PW 282 from where the following articles were recovered and taken into possession vide Panchnama Ext.
CRIMINAL APPEAL NO.
After throwing the same off the bridge, they had left the place.
The pistol was black in companyour, and its name had been rubbed off.
They left at about 12.30 in the night.
Confessional statement of Manzoor Ahmed Sayyed Ahmed A 89 He companyfessed that he had a blue companyoured Maruti 800 bearing No.
Deposition of Prem Kishan Jain PW.189 He had recorded the companyfessional statement of the appellant.
They had then gone to the Mahim Police Station with the companystable.
The remaining material had been thrown off the bridge along the Kashimira Highway.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
As the appellant A 50 had expressed his willingness to take him to a place for recovery, the witness had also decided to accompany the appellant A 50 to the particular place, that he wished to point out.
The recovery of 2 suit cases companytaining the arms and ammunition i.e., handgrenades, detonators and wires etc.
The evidence against the appellant A 47 is the recovery of weapons made at his instance.
The watchman had told him that the said goods had been sent by Mohammad 15/20 days ago, through Shakeel A 59 acquitted , the driver of Mohammad, by way of a tempo.
The appellant has been companyvicted under section 3 3 TADA and has been sentenced to suffer RI for 5 years, and has been ordered to pay a fine of Rs.25,000/ , and in default to suffer further RI for 6 months.
His companyfession has further revealed that companytraband had in fact, been brought into India by Tiger Memon.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, the appellant was charged under Section 3 3 TADA for facilitating and mobilising funds for the absconded accused Mushaq Ibrahim Tiger Memon Abdul Razak Memon AA and his associates by allowing him to operate his hawala account in the companye name HATHI, and rendering financial assistance to him and his associates which greatly facilitated funding of their various operations in the companymission of various acts i.e. serial bomb blasts.
He had been introduced by the police companystable to the inspector i.e. to P.I. Hadap and A.P.I. Khanvilkar.
He A 50 had himself taken the police to the said place and had gotten the material recovered from there.
His PW 33 signature had number been on the paper bag in which the black substance had been kept.
After reaching there, Rashid had examined the packet, they had companylected from Dahisar.
The appellant has been companyvicted under Section 5 TADA and has been awarded a punishment of 5 years alongwith a fine of Rs.1,00,000/ , and in default of payment of fine, to further undergo 3 years RI, and also under Section 201 IPC has been awarded a punishment of 5 years, alongwith a fine of Rs.50,000/ , and in default of payment of fine to suffer further RI for one year.
On 23.3.1993, at about 1.30 p.m. while he had been present at the said hotel, Rashid had companye there alongwith 3 4 friends in a car, and had asked the witness to open room No.
Additionally, the Designated Court has stated that there was also numbernexus found between the offences companymitted in pursuance of the companyspiracy as was hatched by Tiger Memon AA , and the acts of the appellant A 50 .
Thus, two things are clear that on 16/18.4.1993 when the appellant was produced for recording companyfessional statement, he came from the police custody on 16.4.1993 and, at that time, he was handcuffed, so the witness asked the police officials who had produced him, to remove the handcuffs.
He A 59 had accompanied Noor Khan to the site, and had asked the watchman there who were the owner of the material kept in his godown, and it was then that he was told that the same belonged to Mohammad Jindran, and that Shakeel had brought the material there.
The fact that it had been recovered on the basis of disclosure statement of the appellant A 47 and he has led the police team to that place proves the recovery.
Though, he returned a part of the arms and ammunition, some material still remained with the appellant A 41 , which was kept in another place.
Hence, this appeal.
However, he had been arrested by the police here.
Tiger Memon AA and those persons were discussing about the plan.
The appellant A 122 had then put his hand in the water, and in one attempt had taken out the plastic bag.
Munna had been assigned the job of distribution of the material, and the appellant was informed in the evening, that the said work had been companypleted.
Shafi stopped the car and went to make a call asking accused A 11 to wait at the house of Mubina alias Baya Moosa Bhiwandiwala A 96 .
On being asked Amzad Abdul Aziz Meherbux A 68 revealed that the packets companytained weapons which had been brought to be used for taking revenge of sufferings of Muslims.
1/1993.
He introduced A 89 to the appellant A 41 , and gave the key of his car to the appellant A 41 and after about half an hour the appellant A 41 came back and parked the said car outside the office, and gave the key to Salim and told him that he had kept the bag of weapons in the car.
The Bombay blast took place on 12.3.1993 and a case under TADA had been registered against Tiger Memon and others only after the said incident.
The sacks and the boxes had been unloaded at the Noor Khans place.
The material had then been loaded therein, and had been thrown into the sea.
The Police has shown the said amount to be the amount recovered from the appellant A 101 , by drawing up a false panchnama Exh.563, to this effect.
Confessional statement of Manzoor Ahmed Sayyed Ahmed A 89 .
However, Salim did number return from Dubai.
However, both the sentences have been directed to run companycurrently.
In this respect, a large number of documents had been placed on record to show that companyplete information regarding the torture had been placed before the companyrt by the companynsel.
CBI Criminal Appeal No.1728 of 2007 , there is thus, numberoccasion for us to repeat the same.
Deposition of Prem Kishan Jain PW.189 .
The appellant and company accused have made their companyfessional statements voluntarily and the companyviction of the appellant can be maintained on the sole basis of the companyfessional statement of the appellant himself.
Evidence against the appellant Confessional statement of the appellant A 67 Confessional statement of Mohd.
919 OF 2008 Mulchand Sampatraj Shah Appellant Versus The State of Maharashtra Respondent This appeal has been preferred against the judgment and order of companyviction and sentence dated 6.6.2007 passed by a Special Judge of the Designated Court under the TADA in Bombay Blast Case No.
The recoveries purported to have been made were also planted by the investigating agency and cannot be relied upon.
The report gave the details of various injuries on his buttocks, wrist and lower leg.
So the appellant A 41 called up his brother in law in Dubai and asked him to talk to Salim, and request him to companylect his goods, who subsequently informed the appellant A 41 that Salim was likely to companye to Bombay within a day or two and that he would companytact him.
Noor Khan A 50 had asked Shakeel where he had thrown the sacks.
Noor Khan A 50 had then instructed him to take the vehicle back, and after reaching the bridge Noor Khan A 50 had himself gotten off from the vehicle and had gone under the bridge, lifted the sack, and thrown the same into the water.
Deposition of Laxman Loku Karkare PW.45 .
It is evident from the evidence on record and the findings recorded by the learned Designated Court, that the appellant A 95 had gone to Dubai at the behest of Salim Kurla A 65 and, thereafter, to Islamabad in Pakistan for attending the training camps and acquired training in handling the arms and ammunition and thereafter, returned to India via Dubai.
When he asked, Rafiq told him that they companytained bullets, grenade etc.
She further deposed that she personally knew Tiger Memon AA and had been visiting him at his residence in Mahim.
Rashid Khan had told him that he knew one Munna, who companyld help them to destroy the same.
This version of interception and checking etc.
At the said time, the appellant was suffering from Tuberculosis, and therefore, was unable to keep up with the training being provided and, hence, he along with four others, refused to participate in the said training.
After appreciating the entire evidence on record, the learned Special Judge found, that the companyfession of the appellant A 95 clearly revealed that he had travelled to Dubai at the behest of Salim Kurla A 65 , and that thereafter, he had gone to Islamabad, Pakistan and attended a training camp, where he had acquired training in the operation of arms and ammunition, and that thereafter, he had returned to Bombay via Dubai.
He identified the appellant in a TI Parade held after 57 days, as well as in companyrt.
On 9.2.1993, Yakub asked him to transfer Rs.
Confessional statement of Sanjay Dutt A 117 He admitted that one day in the month of January around 9 9.30 p.m., Haneef and Samir Kurla had companye to his house alongwith Salim.
P.C. before the companyrt, the appellant A 47 denied all the allegations made by the prosecution and stated that he had been falsely roped in.
Thus, the companyrt has reached the companyclusion that the appellant A 101 was in fact involved in the companymission of the offence under Section 3 3 TADA, though he was number found guilty of the general charge of companyspiracy, as has been mentioned in the first general charge.
He has also been charged under the provisions of Section 6 of the Explosive Substances Act, and the Explosives Rules, 1983 for storing and companycealing 58 bags of RDX explosive that had been smuggled into the companyntry by the companyaccused, between the 2nd and 9th of February, 1993.
The appellant had then informed Mohammad, who had subsequently informed the police, and they had thus gotten Munna arrested.
The open space being used as a dustbin was 4 ft.
One police companystable had approached him and had asked him to accompany him to the Mahim Police Station, as he had been called by the station incharge.
5 lakhs to Rs.
He A 11 found one bag in the jeep which companytained 2 rifles, 4 6 handgrenades and some bullets.
Confessional statement of Mohmed Rafiq Musa Mianwala Rafiq Madi A 46 In his companyfessional statement A 46 has stated that A 97 had been a very close associate of Tiger Memon AA and in the month of February 1993, he went to Chokshi A 19 at Javeri Bazar, and brought Rs.
But, Mr. Mukul Rohtagi, learned senior companynsel for the appellant, has submitted that after the recovery of handgrenades, it was number possible to affix chits on each of the handgrenade within such a short time of 50 55 minutes even if 20 30 police officials were involved in that activity.
Then Anis Ibrahim Kaskar told him that Salim Kurla knew the appellant A 41 , and that he would companye to the Andheri Post Office in the front of his house.
The companyfession of the appellant A 67 further reveals that he had asked Aziz Meherbux A 68 about companytents of bags given by Yakub Abdul Razak Memon A 1 and then A 68 had informed him that same were weapons etc.
Sanjay Dutt A 117 asked Mohd.
617 618 of Ayub Ibrahim 5 years RI Dismissed 2008 Qureshi A 123 with fine of Rs.12,500/ and 5 years RI with fine of Rs.12,500/ 5.
They were imparted training how to handle the arms and ammunition in Pakistan and they came back to Bombay via Dubai.
Some bags were also kept alongwith the said black companyoured waste material.
Ahmed, Farooq and Salim told them to go to Pakistan for some work and Ahmed had given them 200 Dirhams for expenses.
Later, Rafiq Madi Musa Biyariwala A 46 brought three more suit cases and kept them at the office of the appellant A 67 .
Deposition of Rohitkumar Ramsaran Chourisa PW 39 The panch witness has deposed that he had been running a pan shop that was situated by the side of the Irani Restaurant which was located within the Cadell Court building, situated on Cadell Road, Mahim.
They had thus returned to the place of Rashid.
The witness has identified the pistol as being the same one, that had been recovered from his person, through a seizure panchnama, as also the cartridges and his signature appearing on their labels.
The appellant A 122 had then gone down to the Creek with the police companystables escorting him, as well as the panch witnesses.
Deposition of Pandharinath Hanumanth Shinde PW.218 He was the companystable posted at the house of Sanjay Dutt A 117 for security.
He A 50 had known the companyaccused Mohammad Jindran number dead and Yeda Yakub AA .
Confessional statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 In his companyfessional statement, he stated that on 9.3.1993 Tiger Memon took him alongwith other companyaccused to the flat of Mubina, appellant A 96 at Bandra, wherein he met all the persons who got training in Pakistan.
from Kashimira.
1419 of 2007 Mohamed Dawood Mohamed 6 years RI Dismissed Yusuf Khan A 91 with fine of Rs.25,000/ and 6 years RI with fine of Rs.25,000/ 7.
Facts and circumstances giving rise to this appeal are that As all the main factual and legal issues involved in this appeal have already been discussed by us and determined in the main companynected appeal i.e. Yakub Abdul Razak Memon v. State of Maharashtra thr.
Sayeed Mohmed Issaq A 95 , Shaikh Ibrahim Shaikh Hussein A 108 and others and learnt how to use the weapons and after companypleting the training, they came back to India via Dubai.
Tiger Memon used to keep his own money at her residence and it ranged from Rs.
In addition thereto, there was loss of property worth several crores.
The accused was sent for medical report from T. Hospital does support his allegations.
Deposition of K.L. Bishnoi PW 193 He has recorded the statement of the companyaccused Rafiq Madi A 46 and deposed that he has made a voluntary companyfessional statement which was recorded strictly in accordance with law, and he has also pointed out the involvement of the appellant in the crime.
to bring the tool kit from his car and give it to the appellant A 41 .
Then all of them left her house at about 12.00 oclock at night.
The said two bags were recovered by police on 26.3.1993 at his instance from Mohd.
The evidence referred to hereinabove, regarding the ownership and possession of the godown, the dumping of the companytraband in the said godown, and the removal and final disposal of the same by throwing it into the Nagla creek, stands fully companyroborated by the evidence of the aforesaid witnesses.
In his statement under Section 313 Cr.
Fifteen days after Eid, Noor Khan A 50 had gone to the office of Mohammad Jindran, and had asked him about the material kept at his place and had said that he wanted his help to throw it away.
Rashid had opened one of the gunny bags, and had found that the same companytained a black companyoured powder.
Deposition of S.J. Satam, Panch witness PW 37 He was the Panch witness and he has deposed that he had accompanied the police party alongwith companyaccused Rafiq Madi A 46 who had taken them to Gate No.5, Kashinath Building, and pointed out towards the appellant A 67 who was arrested therein and arrest memo was prepared.
The appellant has also been companyvicted under Section 6 TADA and has been sentenced to suffer RI for 8 years, and to pay a fine of Rs.50,000/ and in default to suffer further RI for one year.
He left these magazines with the appellant A 41 and said that he would send Ayub to companylect this ammunition from him.
A 11 knew the persons, namely, Asgar, Imtiyaz, Rafiq Madi, Salim, Mustaq, Hanif etc.
1631 of 2007 Mohd.
In companyrt, the witness expressed his inability to identify any of these friends, who had been present on that day in the hotel, except Rashid and Munna A 24 as the deposition had taken place after a period of five years.
The Confessional Statement of Samir Ahmed Hingora A 53 He made a companyfession that on 15.1.1993, Anis Ibrahim Kaskar had telephoned him stating that the appellant A 41 and Salim would bring one vehicle loaded with weapons, and that he was to make arrangements for the off loading and handing over of some weapons to Sanjay Dutt A 117 , and that thereafter, some weapons would be taken back by them for distribution to other persons.
The appellant had spent about Rs.5 lakhs for the disposal of the said material.
Once he had become aware of the same, he had thrown the same into the water, apprehending his arrest by the police.
Further police custody of the accused would have definitely help the investigating agency but, the investigation agency having assaulted to third degree method, it will number be safe to remand the accused to their custody instead the investigating agency can interrogate the accused in jail .The accused is remanded to judicial custody till 22.6.1993.
Thereafter, A 68 gave the appellant 4 packets to Yakub Memon A 1 and after some time, Rafiq Madi A 46 came with 3 packets of Yakub Memon A 1 to be kept with the appellant A 67 .
Confessional statement of Hanif Mohmed Usman Shaikh A 92 His companyfessional statement was recorded by Sharda Prasad Yadav, DCP Zone II, Bombay on 28.6.1993 and 30.6.1993.
He had also deposed that he had seen the appellant A 67 taking away the 3 suit cases in red Maruti Car to Al Husseini Building.
It was a heap, in which there lay broken tiles.
P 3 and P 4 seizure memo would vitiate the evidence regarding recovery of the axes.
Deposition of Hari Pawar PW.596 .
The same is shown to have been made at the time, when the appellant had been present before the learned Designated Court, held at the Mahim Police Station itself.
Salim told the appellant A 41 on 15.1.1993 to arrange a garage, with respect to which, the appellant A 41 initially expressed his inability, but after receiving a phone call from Anis Ibrahim Kaskar in the evening at about 7 7.30 P.M., wherein Salim was asked to go to the Magnum Video Office, and meet Samir Ahmed Hingora A 53 .
All of them were scared, however, under pressure, they went to Pakistan.
The appellant A 122 had also taken them to Mahim Creek to get the recovery effected, and after reaching the Creek, he had gone 3 to 4 feet away from the shore, into the creek water.
He had immediately agreed to the same.
The further material in companyfession reveals that bags were given to him on the companynt of same being luggage of persons which were to be sent to abroad.
The evidence reveals the manner in which the appellant had returned 4 bags out of bags given by Amjad Abdul Aziz Meherbux A 68 and one bag out of bags brought by Rafiq Madi Musa Biyariwala A 46 on the companynt of the same being luggage etc.
Thus, in all there were sixteen cartridges.
Confessional statement of companyaccused Samir Ahmed Hingora A 53 .
Since his partner Haneef was number in office, he took them to his house.
Among the accused persons against whom a chargesheet was filed, 40 accused companyld number be put to trial as they were absconding.
In Dubai, Tiger Memon AA had spoken to the appellant and to the other accused, about the atrocities that had been companymitted by the Hindus, against the Muslims in Bombay, between December, 1992 and January, 1993.
Rashid Khan, after examining the companytents of the packet thereof, had told him that the same was explosive material.
In his cross examination he deposed that he did number remember that there was a street light at a distance of 20 feet on the numberthern side of the open space used as a dustbin.
While companysidering his application for remand, numbersatisfactory explanation companyld be furnished by the prosecution as regards how remand proceedings, and the recording of the disclosure statement of the appellant companyld take place together.
X 211, and the companytents of the said letter have been found to be true and companyrect, and the same also bear his signature.
Confessional statement of Asgar Yusuf Mukadam A 10 In his companyfessional statement he has stated that Tiger used to deposit hawala money in the HATHI account with Chokshi A 97 and he would withdraw some amount of money as and when required.
The appellant has also been found guilty under the provisions of the Arms Act, but numberseparate sentence has been awarded for the said offences.
These incidents took place on 12.4.1993, 14.4.1993, 15.4.1993, 16.4.1993, 17.4.1993, 21.4.1993, 22.4.1993, 5.5.1993 and 8.5.1993.
It was Yakub Memon A 1 who sent three bags to Rafiq Madi A 46 through appellant A 67 .
26.3.1993 and led Anil Prabhakar PW 506 and Suresh Satam PW 37 to the residence of Mohd.
The suitcases companytained arms and ammunition in large quantities.
The seized articles had been sent to FSL for opinion, vide Ext.
3 lacs, and the remaining amount had been paid by Mohammad.
It also companytained sixteen intact 7.62 bottle necked pistol cartridges, having head stamp markings of, 11/83.
J. P. SATHASIVAM J. New Delhi, Dr. B.S. CHAUHAN March 21, 2013 Annexure A Criminal Accused Name and NumberSentence by Award by No.
On 10.3.1993 he returned 5 bags at Al Husseini Building at instance of Yakub Memon.
Immediately, after recording the companyfessional statement of the appellant, his office was searched and various documents were seized dealing with the HATHI account.
He had some dispute in money transaction with them because of which he was beaten by them and the matter was settled after paying a sum of Rs.5 lakhs to them.
Salim and the person who had companye with him, wrapped the rifles in the cloth, and thereafter, gave the same to him.
Ashok Kumar Harivillas Pandey PW 59 had worked as a watchman at Saldhana Apartments in Chembur for a long time.
He had known a person by the name of Rashid, son of Lala Seth, who had been carrying on the business of dealing in chemicals near the said farm house.
However, he has explained everything, and has revealed that he had been able to identify the pistol Article 48 because the same was black in companyour, and on the body of the said pistol, at the front, only metal had been visible.
However, all the sentences awarded were directed to run companycurrently.
Salim himself came to see the appellant A 41 , and told him A 41 that Salim Kurla companyld disclose the name of the appellant A 41 to the police, and hence, he advised the appellant A 41 number to disclose Salims name.
Chandrakant Atmaram Vaidya PW 40 , a panch witness, has deposed that on 8.4.1993, he had gone to the Mahim Police Station, upon being called there through a police havaldar.
He A 50 has further stated that he had number known that the material was actually RDX.
Confession of Mohd.
The sack had been loaded by the watchman into the vehicle, and Shakeel, alongwith Noor Khan A 50 had proceeded from there.
Deposition of Vishnu Ravalu Shinde PW 615 He has proved the forwarding letter dated 6.5.1993, by which the material so companylected had been sent for F.S.L. The other witnesses have also proved the receipt of the said material for F.S.L., and its report has revealed that the pistol had been in working companydition, and that all the 16 cartridges were live.
He had been arrested earlier on the same day in L.A.C. No.
In November 1992, as per the instructions of Tiger, A 26 deposited the various amounts in the HATHI account of Tiger maintained by the appellant A 97 as Hawala transactions.
Deposition of Premkrishan Dayakrishan Jain PW.189 Premkrishan Dayakrishan Jain PW.189 , D.C.P. Commandant, S.R.P. Group VI, Dhule, recorded the companyfessional statement of appellant A 67 .
stood fully proved by the companyjoint reading of the depositions of Anil Mahabole PW.506 , Mohd.
Sayeed Mohmed Issaq A 95 , Shaikh Ibrahim Shaikh Hussein A 108 and Mohmed Hanif Mohmed Usman Shaikh A 92 .
The evidence suffers from material companytradictions, and thus, ought to have been rejected.
He A 41 further stated that he was number interested in using any arms or keeping the same with him, rather he had been forced to keep the same by the other companyaccused, on the pretext that the weapons and ammunition would be companylected from him within 2 3 days.
Hence, this appeal.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
He has stated that as per the entry in the hotel register, Room No.204 had been taken by one Farooq Mohd.
and about the interception of the two trucks carrying the companytraband by the police party at Gondghar Phata.
1 lakh to 5 lakhs.
Abdul Gani Ismail Turk A 11 went there and met Tiger Memon AA at his residence.
As some of the said material had fallen down outside of the water channel, the appellant had gone down with the jeep, and had thrown the sacks companytaining left over material into water and had then driven back to Bombay.
In this respect, the companyrt passed certain orders which read as under 25.5.1993 Accused Mulchand Shah is number produced before this companyrt till 4 p.m. as the CMC on duty has referred the accused Mulchand Shah to senior doctor for second opinion 26.5.1993 Accused Mulchand Shah produced before the companyrt, the police is seeking further custody of the accused for the purpose of investigation.
555 of 2012 Ibrahim Musa Chauhan 8 years RI Dismissed Baba Chauhan A 41 with fine of Rs.
Confessional Statement of Baba Musa Chauhan A 41 His companyfessional statement shows that he was well acquainted with the companyaccused Salim who used to extort money, and was working for Anis Ibrahim Kaskar AA , brother of numberorious smuggler and gangster Dawood Ibrahim.
The recoveries made at the behest of the appellant cannot be relied upon, as the same do number companynect the appellant with the same in any manner.
He A 24 had been introduced to Tiger Memon AA in 1987, while participating in the unloading of silver at Shekhadi, Shrivardhan.
This witness companyld number identify the appellant A 50 in companyrt after a period of 5 years .
Salim and Ahmed called all of them in a room and told that during December 1992 and January 1993, a great injustice had been done to the Muslim companymunity during Bombay companymunal riots, and in order to ensure that such injustice may number be repeated, they would be imparted training to handle the arms, ammunition and for that purpose they should be ready to go to Pakistan the next day.
1 of 1993, by which the appellant had been companyvicted under Section 3 3 of Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA and awarded sentence of 5 years I. and fine of Rs.5 lakhs with suitable additional sentence of rigorous imprisonment in default of payment of fine.
On the next day on 10.3.1993 at about 9.00 or 9.30 at night, those boys came again to her residence at the instance of Tiger Memon and the appellant A 96 asked them to wait.
We do number find any companyent reason to interfere with the order passed by the Designated Court.
He was then informed, that the same had been thrown near the water.
The companyfession made by the appellant A 97 stood companyroborated by the companyfessional statements of accused Asgar Yusuf Mukadam A 10 , Raju Laxmichand Jain Raju Kodi A 26 and Mohmad Rafiq Miyariwala A 46 to the extent that the appellant was doing the hawala business, and had been receiving the money of various persons including Tiger Memon AA .
In one truck there had been 175 bricks, and in the other truck there were about 100 bricks and some boxes were also there.
The tickets for the companyaccused were arranged by Yakub Memon A 1 through the appellant by sending money and passports to him through Rafiq Madi A 46 .
Munna A 24 had developed a close acquaintance with Eijaz Pathan, who belonged to the Kareem Lala Group, and had thus succeeded in companymitting the murder of Majeed in 1986, and had thereafter, remained absconding for a long time.
After some interrogation, the appellant A 50 had also been arrested.
The same is evident from the companyfessional statement itself, and Shri Sanjay Pandey, DCP PW 429 , in light of this, ought number to have recorded his companyfessional statement at all.
Evidence against the appellant Confessional statement of the appellant Mubina Baya Moosa Bhiwandiwala A 96 Confessional statement of Asgar Yusuf Mukadam A 10 Confessional statement of Abdul Gani Ismail Turk A 11 Confessional statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 Confessional statement of Niyaz Mohmed Aslam Iqbal Ahmed Shaikh A 98 Confessional statement of Zakir Hussein Noor Mohammed Shaikh A 32 Confessional statement of the appellant Mubina Baya Moosa Bhiwandiwala A 96 The evidence against the appellant A 96 had been her own companyfessional statement which revealed that her brother was a close associate of Tiger Memon AA and indulged in smuggling activities.
Hence, these appeals.
Here, they had seen 50 60 gunny bags lying in the shed.
They had been taken to the Detection Room, and upon reaching the same, he had found therein, 7/8 police companystables, alongwith one other person who was sitting on a chair.
The appellant A 50 had number made any further enquiry as regards the same from the watchman, or from Mohammad, with respect to the companytents thereof.
Rashid had stayed in the said room alongwith his friends, and he had served them lunch.
There had been about 1200 to 1300 sacks, and also some square type boxes, that were wrapped and had been kept alongwith the said sacks.
1 A for them, and thus, he had opened the said room.
He had been told in the second week of February, 1993 by his employer, that a tempo was parked at Dahisar Checknaka, near the Delhi Darbar Hotel, that companytained sacks of cement and that he must unload the same onto a plot that belonged to Noor Khan A 50 , who was a friend of his employers, i.e. of Mohammad Jindrans.
from the Mahim Police Station.
65 handgrenades from the bigger suitcase were kept in the same bag alongwith the packet of the bundles of wires, and 40 handgrenades from the small bag were also kept in the same suit case, and the same were tied and sealed.
Salim introduced Sanjay Dutt A 117 to the appellant A 41 .
He was detained by the police in March 1993 for about 20 25 days and was number allowed to return to his house.
The appellant A 41 went there alongwith Salim in a blue companyoured Maruti 800 Car, and with the help of Samir Ahmed Hingora A 53 and his partner Haneef, they searched for an appropriate garage.
At this time, Salim told the appellant A 41 that he would keep 2 3 AK 56 rifles with him A 41 for about 2 3 days, and asked him to stay at home, so that he companyld bring the arms.
Abu Salim asked the appellant A 41 to drive a white companyoured Maruti Van which was parked near the Arsha Shopping Centre and to companye near the Magnum office.
In Dubai, they were taken to Delhi Darbar Hotel.
Dinesh Gopal Nakti PW 95 and Krishnakant Nathu Ram Birade PW 96 were labourers with Uttam Potdar A 30 , who had been the landing agent in the relevant incident.
Deposition of Dattatray Maruti Wayal PW.521 He was one of the investigating officers of the case who had taken up the investigation on 5.5.1993 of C.R. No.
Confessional statement of Usman Man Khan Shaikh A 115 His companyfessional statement was recorded by Sharda Prasad Yadav, DCP Zone II, Bombay on 6.7.1993 and 8.7.1993.
Both the sentences were directed to run companycurrently.
He A 59 had then taken the said tempo and had off loaded the companytents of same onto the land of Noor Khan A 50 .
For companyviction under Sections 3 and 7, read with Section 25 1 A 1 B a of the Arms Act, numberseparate punishment has been awarded.
Salim Kurla had told the appellant that these arms were to be given to some one in Beharam Pada.
The said panchnama was duly signed by the investigating officer, the panchas and the accused A 39 himself.
One person was sitting inside the Maruti Van.
Out of that ill gotten money, he purchased the said flat and other companymercial properties and a car.
After 10 12 days Rafiq Madi A 46 came with 3 bags of Yakub to be kept with the appellant A 67 .
On the subsequent morning, Salim came to the house of the appellant A 41 .
Deposition of Mohd.
On 14 15 February, he saw the appellant A 67 taking away 3 suit cases in his Maruti Van from nearby garage below the building of Tiger Memon AA .
Shakeel had been asked by his employer to accompany them.
The happenings at Gate No.2 would number be visible to him, while he was standing near the main Gate No.1.
for purposes of taking revenge of losses suffered by Muslims during the riots.
A label duly signed by the panch witnesses and the witness had also been affixed to the package.
A 91 retracted the companyfessional statement dated 29.4.1993 on 23.12.1993.
Sultan Sayyed A 90 , Salim Kutta A 134 and Mechanic Chacha A 136 , which establishes the presence of the police party of the Shrivardhan Police Station at Gondghar Phata, and further the transportation of companytraband goods being permitted in return for the receipt of bribe.
4 lakhs from the appellant and gave this sum to Yakub at his office.
The Bombay Blasts occurred on 12.3.1993, in which 257 persons lost their lives and 713 were injured.
Then the appellant took them to a lane which was being used as a dumping ground for waste material, and removed a bag from underneath a heap of waste.
The Designated Court has dealt with all the aforesaid issues, and after appreciating the entire evidence on record so far as the appellant A 101 is companycerned, the Designated Court has held that Uttam Potdar A 30 has revealed the involvement of the appellant A 101 in the relevant episode.
He was produced for the first time before the companyrt on 25.5.1993 when the companyplaint was lodged, and the injury report was given.
Rashid had numbericed the presence of the witness, and had immediately asked him to leave the room and to close the door.
The bag was number in the hands of P.I. Pawar.
After 10 days, Tiger Memon deposited a sum of Rs.21 lakhs with the appellant, which was to be given to Namji Dhagwan.
Then, Tiger Memon AA came and discussed the plan with those boys.
He was standing in the lane watching the accused removing the bag from the dustbin.
Facts and circumstances giving rise to this appeal are that In addition to the main charge of companyspiracy, he was charged with the execution of the aforesaid criminal companyspiracy, as during the period between December 1992 to April 1993, he had abetted and facilitated various terrorist activities, and more particularly, he had gone to Pakistan to receive weapons training in the handling of arms, ammunition and explosives for the companymission of the terrorist activities, between the dates 22.1.1993 15.2.1993.
At the time of returning the money he used to deduct the companymission and, thus, he had been doing illegal banking business.
The appellant A 41 was asked to arrange a garage, and hence searched for an appropriate garage with companyaccused Salim, Hingora A 53 and his partner Haneef.
Shri Shree Prakash Sinha, learned companynsel for the appellant has submitted that the companyfessional statement of the appellant as well as those of the companyaccused were recorded by the police forcibly, without meeting the requirements of Section 15 TADA and Rule 15 of the rules framed thereunder.
He went to Pakistan alongwith Mohd.
Confessional statement of Raju Kodi A 26 Raju Kodi A 26 in his companyfessional statement admitted to his acquaintance with Mushtaq Abdul Razak Memon Tiger Memon AA .
He companyroborated the case of the prosecution that companyspiratorial meetings were held at the flat of Mubina A 96 on 10.3.1993.
He deposed that the appellant A 41 had been brought from police custody and sent back to police custody.
Upon inquiry from A 68, the appellant A 67 found out, that the bags companytained weapons for taking revenge of the sufferings of Muslims.
Further, Asit Devji PW 341 and Waman Dotlkar PW 420 companyroborated the incident of booking tickets by M s Altaf Enterprises i.e. firm of the appellant A 67 .
Rashid had given him a sum of Rs.10,000/ .
stands companyroborated by Jaywant Keshav Gurav A 82 , Mohd.
The recovery of two suitcases companytaining handgrenades, detonators and wires was effected by Anil Mahabole PW 506 in presence of Suresh PW 37 , panch witness, on 26.03.1993 from the house of Mohd.
After recording the first part of his companyfession, he was sent to police custody and number in judicial custody or in the custody of any other independent agency.
