Hanif Raju, an employee of Mohd.
We were handed over a summary of these materials reading as below Association with Tiger Memon Raju Kodi, being the man of companyfidence of Tiger Memon, was dealing in disposal of smuggled gold and silver since long.
Raju Kodi purchased the said M Scooter and 3 Jeeps under fictitious names.
The same amount was subsequently used by Tiger Memon for blast purpose.
diary seized form Mohd.
The finale of investigation companysisted in charge sheeting 145 persons of whom 38 were shown as absconders under various sections of the Penal Code and the Terrorists And Disruptive Activities Prevention Act, 1987 TADA , hereinafter the Act also.
Collector of Customs, Preventive, the allegation is that he facilitated movement of arms, ammunition and explosives which were smuggled into India by Dawood Ibrahim, Mohmed Dosa, Tiger Memon and their associates, The Addl.
MP 14 B 5349 which was purchased by you in the name of your ex employee P.B. Bali to Mushtaq Ibrahim Tiger Abdul Razak Memon and his associates which was planted as Motor Scooter bomb at Katha Bazar on 12.3.1993 and exploded at about 14.15 hours resulting in death of 4 persons, inuring 21 and huge loss of property worth 40 lacs and that you thereby companymitted an offence punishable under Section 3 3 of the TADA P Act, 1987 and within my companynizance.
official of S.N. Thapa have been found entered in the Tel.
The total thus companyes to 146 Of the charged accused, four 1 Abu Asim Azmi 2 Amjad Aziz Meharbaksh 3 Raju alias Raju Code Jain and Somnath Thapa have approached this Court having felt aggrieved at their having number been discharged.
These Jeeps were recovered at his instance under Panchanama dated 1/06/1993.
Q 3360 to S.N. Thapa and it was decided that the source would pass on information about the illegal landings at Shekhadi to Sh.
A and B were charged with being in possession of house breaking implements by night and A, B and H were charged with companyspiracy to break and enter the club.
The Designated Court companystituted under Section 9 of the Act came to be seized of the matter and by its impugned order of 10.9.1995 it has framed charges against 127 persons, discharing at the same time 26.
He did number keep Nakabandi at the pre arranged point.
The source gave an information of the landing to Mhatre on 29.1.93 and it was passed on to Sh.
As Bombay set down to work, blasting of bombs, almost simultaneously, took place at important centres of companymercial actvities like Stock Exchange, Air India, Zaveri Bazar, Katha Bazar and many luxurious hotels.
Association with Tiger Memon N. Thapa has been an associate of Tiger Memon the prime accused in the bomb blast case, who is still absconding.
Awareness about landing Sh.
H dropped A and B near the golf club and a police officer overheard one of them say, We will want you back in about an hour.
vi The companyaccused Imtiyaz Yunusmiya Ghavate is narrating in his companyfession about association of the appellant with Tiger Memon and dealing in smuggling activities and Hawala Money.
The terrorists and or disruptionists, bent on breaking the backbone of the nation for reasons which need number be gone into had, however, hatched a well laid out companyspiracy to cripple the companyntry by striking at its financial nerve.
Dosa, who has played a major role in the companyspiracy to cause bomb blasts.
A and B pleaded guilty to both companynts and H pleaded number quilty to the companynt of companyspiracy against him.
Thapa, through Mhatre and on receipt of the information Nakabandi may be kept at Sai Morba Goregoan Junction because that was the main exit point after the landing.
v the companyaccused viz.
the Hathi account numbere was recovered at the instance of companyaccused Mulchand Sampatraj Shah.
Let the additional charge framed against him be numbered The you Somnath Kakaram Thapa during the period you were posted as Additional Collector of Customs, Preventive, Bombay and particularly during the period January, 1993 to February, 1993 in pursuance of the aforesaid criminal companyspiracy and in furtherance of its object abetted and knowingly facilitated the companymission of terrorists acts and preparatory to terrorists act i.e. bomb blast and such other acts which were companymitted in Bombay and its suburbs on 12.3.93 by intentionally aiding and abetting Dawood Ibrahim Kaskar, Mohmed Dosa and Mushtaq Tiger Abdul Razak Memon and their associates and knowingly facilitated smuggling of arms, ammunition and explosives which were smuggled into India by Dawood Ibrahim Kaskar, Mohmed Dosa Mushtaq Ibhrahim Tiger Abdul Razak Memon and their associates for the purpose of companymitting terrorists acts by your number interference inspite of the fact that you had specific information and knowledge that arms ammunition and explosives are being smuggled into the companyntry by terrorists Preventive you were legally bound to prevent it and that you thereby companymitted an offence punishable under Section 3 3 of TADA p Act, 1987 and within my companynizance.
This was pursuant to the talk Shamim earlier had with Bukhari who had inquired as to whether the firm of the appellant companyld arrange for 11 air tickets to Dubai, which was answered in affirmative.
A and B ran away from the golf club on being disturbed be the police and were later arrested together.
The State of Maharashtra has approached the Court seeking cancellation of bail granted to appellant Thapa.
It is really this entry which has been pressed into service by Shri Tulsi to companytend that the money for the journey had really been paid by the appellants firm.
Thapa gave him a telephonic message saving that something had happened beyond bankot in thelimits of Pune Customs and that he should personally verify.
An arduous and painstaking investigation by a team of dedicated officials showed that the aforesaid bomb blasts were a result of deep rooted companyspiracy companycerted action of many, guided either by greed or vengeance.
It woke as usual on 12th March, 1993.
iv The companyaccused Salim Mira Moinddin Shaikh is narrating in his companyfessional statement about tie association with Tiger Memon and his smuggling activities.
H never did return to the golf club but returned to the city where he drove some other fares which had been previously booked after which he went home taking his taxi with him.
Meeting with Tiger Memon and Gist of Conversation recorded on Micro cassettes An absconding accused Yakub Abdul Razak Memon was arrested at New Delhi on 5.8.94.
Thapa by Mhatre.
25.1.93 addressed to Sh.
Raju Kodi gave his men and four Jeeps for transportation of Arms, Ammunition and RDX landed by Tiger Memon.
The evidence as to how a torch came into possession of A and B was companyflicting.
From his possession a number of include a manuscript of gist of companyversation recorded on May 19, 1994 on Sony Micro cassettes, in the garden of the house of Yakub Memon in Karachi Pakistan .
Abdul Gani Ismail Turk is narrating in his companyfession about association of the appellant with companyaccused Tiger Memon and dealing in smuggling activities and Hawala money.
73,000/ through drafts whose numbers are on record.
The investigation had established that the said gist of companyversation is in the hand writing of accused Yakub Memon.
Dosa N. Thapa has been an associate of absconding accused Mohd.
Thapa kept Nakabandi on the right of 30 31st Jan. 1993 at Purar Phata and Behan Phata on Mhasla Goregoan Road leaving another route open for the escape of smuggled goods.
These Jeeps were found with traces of RDX vide F.S.L. Reports.
H made a statement to the police in writing in which he said that on the journey he learnt that A and B were Going to do the club.
ii The accused Azgar Yusuf Mukadam is narrating in his companyfessional statement about the association of the appellant with Tiger Memon and dealing with him in smuggling activities and Hawala money iii The companyaccused Mulchand Sampatraj Shah is narrating in his companyfessional statement about the association of the appellant with Tiger Memon and dealing with him in smuggling activities and Hawala money.
Then, as the bomb blasts took place an the next date i.e. 12th March and as Bukhari was shot dead in the meantime, the money companyld number have been returned to Bukhari.
The general charge would also fail qua this appellant for the reason given while dealing with the case of the appellant Abu.
38.000/ was paid in cash by the appellant and Rs.
On 4.2.93 another accused M.S. Syed, Customs Superintendent informed K. Singh that the smuggled goods and already passed.
One died and two became approvers.
Shri Tulsi has urged that there are sufficient materials on record to bring home the aforesaid charge.
The gigantic task led Bombay police, despite its capability, to seek assistance of the CBI.
He lifted the Nakabandi after two days without any specific reasons.
Statement of Sh.
Statement of L.D. Mhatre, Mhatre Customs Inspr.
Collectors of Customs, mentioning that intelligence had been received that big quantity of weapons would he smuggled into India by ISI alongwith gold and silver and these were likely to be landed in next 15 30 days around Bombay, Shrivardhan, Bankot and Ratnagiri etc.
53 According to Shri Tulsi the following materials make out the prima facie case against this appellant Association with Mohd.
issued a letter dt.
K. Singh, deputed custom officers for this job.
S.K. Bhardwaj, Collector of Customs, Prev.
Independent witnesses and the handwriting expert have proved his handwriting.
On the journey A and B informed H that the purpose of the journey was to break into a golf club.
S.N. Thapa.
The Tel.
Accused Yakub Memon, Syed Arif Pakistani National Hazi Taufique Jaliawala Pakistani National Tiger Memon, Suleman Memon and Yub Memon had participated in the companyversation.
The source later on informed Thapa through Mhatre that on the night of 3.2.93 instead of silver same chemicals had landed at Shekhadi.
R.K. Singh received Rs.3 lacs as illegal gratification for the landing out of which he gave Rs.1 lacs to Sh.
HANSARIA.
Nor did he inform about it to his senior officers.
R.K. Singh and A.K. Hassan Asstt.
We are number companycerned in these ceses with why, but with how.
People started for their places of work number knowing what was in their store.
It, however, happened that one ticket had to be cancelled on 11.3.1993 and because of this an amount of Rs.9,939/ was credited in the account of appellants firm in the books of M s. Hans Air Services.
Thapa did number companytact the source to ascertain further details.
Raju Rajucode Jain We may numbere the individual charge against this appellant which reads as below In addition to charge First, you accused Raju Laxmichand Jain Raju Kodi, is also charged for having companymitted the following offence in pursuance to the criminal companyspiracy described in Charge first SECONDLY That you accused Raju Laxmichand Jain Raju Kodi in pursuance of the aforesaid criminal companyspiracy and during the period from December, 1992 to April, 1993 abetted and knowingly facilitated the companymission of terrorists act and act preparatory to terrorist act i.e. serial bomb blast and such other acts which were companymitted in Bombay and its suburbs on 12.3.1993 by agreeing to do and by doing the following overt acts That you are a close associate of Mushtaq Ibrahim Tiger Abdul Razak That you participated in smuggling, landing and transportation and explosives RDX which were smuggled into the companyntry by Mushtaq Ibrahim Tiger Abdul Razak Memon and his associates which landed at Shekhadi on 3rd and 7th February, 1993 by sending your men and 4 jeeps for facilitating landing, transportation and distribution of arms, ammunition and explosives That you lent Motor Scooter No.
How companyld it happen ?
According to Shri Rajinder Singh, the fact of aforesaid credit was number brought to the numberice of the appellants firm.
May it be stated that for the purpose of the present case, we cannot enter into the probative value of the statements made by different persons in this regard tending to support the above.
He also did number submit the Operations Report, as was required.
The firm of M s. Hans Air Services was thereafter companytacted and a sum of Rs.
Thapa had arrived at sea shore at the time of illegal landing and that Tiger Memon had paid him Rs.22 lacs for allowing the smuggling.
He has been facilitating the smuggling activities of Tiger Memon against illegal gratification.
R.K. Singh Shri R.K. Singh in his companyfession, has stated that on the night of 1.2.93 at about 2.00 At Sh.
D. Mhatre introduced a source witness companye No.
