After all the recoveries had been made, an FIR was lodged at Police Outpost Pillokhari and the recovered articles were deposited at PS Lisari Gate.
45 p. m. on 26.1.1993, some miscreants hurled bombs at a police picket near Veterinary Hospital, Hapur Road, Meerut in which several security personnel received injuries and N.K. Mahender Prasad Sharma died.
The bag companytained a pistol, four live cartridges, 1 kg.
The other accused, namely, Ayyub A 2 and Jabbar A 3 also denied the prosecution case.
He took out a polythene bag from inside the mud which companytained one pistol, cartridges, a moosli bomb and RDX weighing 1 kg.
The learned Sessions Judge Designated Court believed the prosecution case and companyvicted and sentenced all the three accused.
2003 3 SCR 470 The Judgment of the Court was delivered by P. MATHUR, J. This appeal has been preferred against the judgment and order dated 30.3.2001 of the Designated Judge TAD A Meerut by which the appellant has been companyvicted under Section 5 of Terrorist and Disruptive Activities Prevention Act for short TADA and has been sentenced to 5 years R. I. and a fine of Rs.
He took out a polythene bag from under the mud from a place which is near the boundary wall of the said factory.
The remaining two accused, namely A 2 and A 3 have number challenged their companyviction and sentence probably on account of the fact that their companyviction under Sections 302 and 307 IPC and sentence of imprisonment for life imposed thereunder in the case relating to throwing of bomb on police picket has been upheld up to this Court and they are undergoing sentences in the said case.
Accused A 1 took them to near Mansoor Denting Works, which is situate on the road going to Lakkhipura.
The three accused were present along with the police party.
He was detained in the police station for several days and was produced in Court on 12.3.1993 and during this period he was also beaten in the police station.
DWI, Mahipal Singh, Constable, who is working as Dispatch Clerk in the office of DIG proved the telegram sent by the appellants wife, which was received on 2.3.1993.
A l asked to stop the police vehicle near Mansoor Denting Works which is situate on the road going to Lakkhipura.
Kha 2.
He had taken photographs of the recovery made by A l and had also signed the recovery memo.
PW2, SN Tripathi was posted as in charge of PS Lisari Gate on 24.3.1993.
Thereafter, accused Jabbar A 3 took die police party towards South West of the grove of Shri Kripal Singh near a kachcha rasta and dug out a polythene bag which companytained a factory made hand grenade.
Two public witnesses, namely, Vipin and Anuj Kaushik PW3 who is a photographer, were asked to accompany them.
The appellant Salim Akhtar Mota in his statement under Section 313 Cr.
Inspector Shri Narayan Tripathi of P.S. Lisari Gate, some police personnel and two public witnesses namely, Anuj Kaushik PW3 and Vipin also accompanied them.
Some persons including Jabbar, Ayyub and the appellant Salim Akhtar Mota were arrested in companynection with the aforesaid case and subsequently were taken on police remand.
PW6, Tej Pal Sharma, Head Constable, PW7, Harpal Singh, Malkhana Moharrir, PW8, Ranvir Singh, Constable and PW9, Radhey Shyam Sharma, head of armoury at Meerut have given evidence of formal character regarding deposit of the recovered articles, their safe custody and taking them to Forensic Science Laboratory, Agra.
30 a. m. He was informed that the accused had made a disclosure statement and were prepared to recover the articles companycealed by them.
He, thereafter, took out a polythene bag from under the mud from a place near the southern boundary wall of the factory and the said bag companytained one pistol, four cartridges, one moosli bomb and 1 kg.
Ka 13 and sanctions granted by Shri SN Naseem, IG, Meerut Zone for prosecution of the accused under TADA, which is Ext.
Learned State companynsel has supported the case of the prosecution and has urged that the evidence on record clearly established that the appellant was in exclusive possession of pistol, bomb and RDX and the learned Sessions Judge Designated Court had rightly companyvicted and sentenced him.
Munawar Jahan, which were forwarded to DIG Range and SSP Meerut, respectively, for necessary action.
PW3 Anuj Kaushik is a photographer by profession and he deposed that the police asked him to accompany them at about 6.
Nazir, who is a neighbour of the appellant, gave a similar statement that the appellant was arrested on 26.2.1993.
However, only Salim Akhtar Mota has preferred appeal against his companyviction and sentence.
DW4, Smt.
The appellant examined 5 witnesses in his defence.
30 a. m. on 24.3.1993 while he was near Lisari Gate Chopala.
Ka 4 to Ext.
PW4, SP Sharma, SHO, PS Lisari Gate has given details of the steps taken by him during the investigation of the case, obtaining of sanctions from the District Magistrate, Meerut for prosecution under Arms Act and Explosive Substances Act, which are Ext.
He examined 5 witnesses in his defence.
He has also proved the charge sheets which were submitted by him.
The prosecution in support of its case examined 12 witnesses and filed some documentary evidence.
30 of 1993 under Section 302/207 IPC and Sections 3 and 4 of TADA and Sections 5 and 6 of Explosive Substances Act.
PW5, Raj Singh recorded the FIR and registered the case at Police Outpost Pillokhari.
Ka 7 of the places of recoveries, obtained diffusion report from Shri Satish Kumar and sent the recovered material to Forensic Science Laboratory Agra for expert opinion.
RDX and a moosli bomb.
Two public witnesses, namely, PW3 Anuj Kaushik and Vipin were summoned and thereafter all of them proceeded towards Lakkhipura.
The bag companytained one factory made pistol of 7.
P. C. denied the case of the prosecution and stated mat die police had arrested him on 26.2.1993 when he was going to offer Namaz.
DW3, Mohd.
He also deposed about the recoveries made at the instance of A 2 and A 3.
He deposed that PW1, NP Rai, Inspector, accompanied by one Sub inspector and three Constables along with three accused in custody, came to the police station at about 6.
A l asked them to stop near Mansoor Denting Works and he took out a polythene bag from the side wall of the factory from under the mud.
Similarly recovery of 1 kg.
DW5 Banarsidas Gautam, clerk in the office of IG, Zone Meerut, stated that an application and also a telegram had been received from Smt.
Ka 10 to Ext.
He prepared site plans Ext.
PW10, Satish Kumar, SI, was in charge, Bomb Disposal Squad and gave diffusion report while PW12, OP Taneja, Joint Director, Forensic Science Laboratory, Agra examined and gave report regarding RDX.
After companycluding the investigation, he obtained sanction from die District Magistrate, Meerut, for prosecution of the accused under Arms Act and Explosive Substances Act and also from Inspector General of Police for their prosecution under TADA and thereafter submitted charge sheets against the three accused.
PW1 NP Rai, was posted as in charge PS Lalkurti on 24.3.1993.
Accordingly, he along with some other police personnel and the accused proceeded for Lisari Gate, where PW2, SN Tripathi, Inspector in charge of the said police station and some other police personnel also joined them.
62 bore, four live cartridges, a moosli bomb and 1 kg.
Ka 7 to Ext.
Learned companynsel has also urged that after the alleged recovery was made the pistol was number sealed on the spot and that the recovery having been effected from an open place accessible to everyone, it is number possible to hold that the appellant was in possession of the aforesaid articles.
Shri Lalit, learned companynsel for the appellant, has submitted that A l was actually arrested by the police on 26.2.1993 and was detained at the police station for several days, during which he was beaten and thereafter he was produced in Court on 12.3.1993.
The accused made disclosure statement that they will get bombs and explosive materials recovered.
Accordingly, in the morning of 24.3.1993, Inspector P. Rai of P.S. Lalkurti took the aforesaid persons to the place where according to their disclosure statement they had companycealed the incriminating material.
From mere, the police party went to a place near Agarwal Tubewell on the same road and from mere accused Ayyub A 2 took out a polythene bag from inside the mud which companytained 1 kg.
Munawar Jahan is the wife of the appellant and she deposed about the arrest of the appellant by the police on the said date.
The witnesses examined on the point of recovery are police witnesses and PW3 Anuj Kaushik was a professional photographer who was on the pay roll of the police as he used to be called by the police on every occasion whenever a photograph was required to be taken for which he was paid remuneration and as such he was number an independent witness.
The articles recovered were also produced in Court.
DW2 Mohd.
A recovery memo of the recovered articles was prepared on the spot and Anuj Kaushik PW3 , who is a photographer and who had accompanied the police party, also took photographs of the recovery.
1,000 and in default to undergo one month R. I. The case of the prosecution, in brief, is that at about 7.
The Designated Judge, Meerut, took companynizance of the offences and framed charges under Section 23 of the Arms Act, Section 5 of the Explosive Substances Act and Section 5 of TADA against the three accused.
The witnesses also deposed regarding the recovery made at the instance of A 2 and A 3.
He has deposed that the three accused, namely, A l, A 2 and A 3 were taken on police remand from the Court in Crime Case No.
While in custody of the police, they made disclosure statements of having companycealed some weapon, bomb and explosive material.
An FIR of the incident relating to recoveries made at the instance of the accused was lodged at 12.30 p. m. on 24.3.1993 at Police Outpost Pillokhari and the recovered articles were dispatched to PS Lisari Gate.
S.P. Sharma, SHO, PS Lisari Gate took over investigation of the case on 27.3.1993.
He has further submitted that in fact numberdisclosure statement was given by the appellant number any incriminating article was recovered on his pointing out.
An FIR of the incident was lodged at 10.
15 p. m. on the same night at P. S. Civil Lines, Meerut and a case was registered under Sections 147/148/307/302 IPC and Sections 4 and 5 of TADA.
Recovery memos of the articles recovered on the pointing out of A 2 and A 3 were also made.
RDX was made at the pointing out of A 2 and one hand grenade at the pointing out of A 3 from different places.
Photographs of the recoveries made was taken by PW3, Anuj Kaushik.
The appellant Salim Akhtar Mota A l took them to a place by the side of Mansoor Denting Works on the road going to Lakkhipura.
Farooq is the real brother of the appellant and he deposed that the police had arrested the appellant on 26.2.1993 and he and his family members sent many telegrams to higher authorities and also to the Supreme Court on 9.3.1993 and a companyy of the same has been filed as Ext.
In order to appreciate the companytention raised by Shri U. U. Lalit, learned companynsel for the appellant, and also of the learned State companynsel, it is necessary to numberice the main evidence which has been adduced by the parties.
