From the brown packets 10 packets companytaining 500 electric detonators were found, while the small carton companytained 5200 detonators and all these were explosive substances.
Prosecution case which led to the trial of the accused who was charge sheeted along with five others in a nutshell is as follows On 19.11.1990 companyplainant Ram Niwas PW 7 , S.H.O., P.S. Mod Dungri, Jaipur filed a written report Ex.
Thereafter, the underground room of the house of the appellant was searched and 262 cartons of safety fuse were found.
Similarly, on earlier occasions also accused appellant supplied 7 companysignments during the period from 7.8.1990 to 20.9.1990, through T.C.I, and 18 companysignments during the period from 30.6.1989 to 20.3.1990 through Economic Transport Organisation.
During the search of godown No.
Appellant was asked to produce the licence for the above explosives, but he said that he did number have a licence.
433/1990, P.S. Kathua in this regard.
V 23343 and V 23344 both dated 14.11.1990 for transportation to Srinagar.
During the search of godown No.
Accused Mohd.
The length of each companyl ws 7.32 meters.
The case was registered on 9.12.1991 under sections 3, 4 and 5 of Explosive Act, Section 9 B of the Act and Sections 5 and 6 of the TADA Act by DSPE, CBI and further investigation was taken up.
Though charge sheet was filed after investigation Government of Rajasthan, with companysent of the Ministry of Personnel, Public Grievances and Pension Department of Personnel and Training , Government of India, New Delhi entrusted the investigation of the case to Central Bureau of Investigation in short the CBI vide Notification dated 28.10.1991.
A 4, Deepak Marg, Jaipur, which were recovered by the local police on 19.11.1990.
Ismail Bhat was engaged in abetting the terrorist activities in J and k and used to procure explosives from the companyaccused as preparatory acts for the terrorist activities.
According to prosecution the above facts and circumstances of the case clearly establish that the accused Mohd.
Against the appellant, offences under Section 3, 4, 5 of Explosive Act, Section 9 B of the Act and Section 6 of the TADA Act were made out.
C.O. Adarsh Nagar Sunder Lal S.H.O. Police Station, Adarsh Nagar, Chain Singh, Addl.
P/10 A through Shri Sanwat Singh on the basis of which FIR Ex.
7396 dated 22.10.1990 to the accused Mohd.
In pursuance of the aforesaid criminal companyspiracy, appellant had procured from the accused Khaju Lal, Mitha Lal of M s Beawar Explosives and Chemicals, Jaipur, Kuldeep Jain.
The 259 boxes all of Sun Brand, Safety Fuses and bearing box numbers were recovered from the residence of accused appellant on 19.11.1990, which were found manufactured by Deccan Explosive, Yawat, Pune.
3346 dated 28.9.1990 with companynected dispatch details No.
Learned trial Judge found the accused guilty for offences punishable under Section 5 of the TADA Act, Sections 4 and 5 of the Explosive Act and Section 9 B of the Act, after companysidering the evidence.
190 dated 20.10.1990 to M s. Beawar Explosives and Chemicals, Jaipur, owned by Khaju Lal and Mitha Lal, without mentioning the batch number in the records in violation of mandatory terms and companyditions of the licence on Form No.
Charge sheet was filed by the local police on 23.10.1991 in the Designated Court against four of the accused persons.
Out of the gelatine boxes so received by Rameshwar Lal Porwal, Shri Krishan Copal Soni who was running the business of Rameshwar Lal Porwal being duly authorized through power of attorney dated 4.7.1998 executed by Ramesh Lal Porwal, sold 180 cartons of gelatine boxes vide Bill No.
7403 dated 12.11.1990 and Bill No.
A 4, Gupta Bhawan, Deepak Marg, had illegally kept explosives in huge quantity wihout licence at the godowns and under ground room and at the upper story of his house.
all manufactured by Commercial Explosives, Nagpur were also recovered from the residence of accused appellant on 19.11.1990.
By order of the Designated Court on 1.2.1996, the accused persons facing trial were discharged in respect of offences under Sections 3 3 , 4, 6 of TADA Act and accused Khaju Lal, Mitha Lal and Kuldip Jain were discharged in respect of offence under Section 5 of the TADA Act.
S.P., Jaipur city were also informed, who companye over.
The accused appellant had numberlicence to deal with gelatine or detonators and as such the transactions.to this effect were illegal and were to aid and abet the terrorist activities.
7404 dated 12.11.1990, through Transport Corporation of India, Jaipur Branch and companysignment numbere No.
Ismail Bhat was absconding and was declared absconder on 25.2.1994.
M s Jagat Explosive, Udaipur further sold these gelatine boxes to Rameshwar Lal Porwal vide two bills No.
The 11000 ordinary special detonators recovered from T.C.I, godown Chikamberpur U.P. Ghaziabad border were supplied by the accused Kuldip Jain, proprietor of M s. Bharat Explosives and Chemicals, Jaipur, to the accused appellant of M s Jaipur Acid Supply companypany, Jaipur.
The accused appellant had booked two companysignments of explosives for supply to the accused Ismail Bhat of M s. Modern Fire Works, Srinagar vide Bill No.
Accused Krishna Gopal Soni has Committed offence punishable u s. 9 B of the Act.
JKS 6749 and the said truck reached Lakhanpur, JK border where on 18.11.1990, the said companysignments were checked and seized by police of J K as it companytained explosives.
2003 Supp 4 SCR 1 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Appellant was found guilty of offences punishable under Section 5 of Terrorist and Disruptive Activities Prevention Act, 1987 in short the TADA Act , Sections 4 and 5 of the Explosive Substances Act, 1908 in short the Explosive Act and Section 9 B of Explosives Act, 1884 in short the Act read with Rule 115 of Explosives Rules, 1983 in short the Rules .
The batch number was number given on any of the packets of detonators.
On 24.11.1990 the said companysignments were checked and seized by the police at the godown of Transport Corporation of India, Chikamberpur U.P. Ghaziabad border.
Thus, the case of companyaccused Khaju Lal, Mitha Lal and Kuldip Jain was transferred to the Court of Chief Judicial Magistrate, Jaipur under Section 18 of the TADA Act for trial of the offences relatable to Sections 6 and 9 B of the Act.
of M s. Bharat Explosives and Chemicals, Jaipur and others huge quantity of chemicals, gelatine, detonators and safety fuse wire to be used as explosives for terrorist activities and stored the same in clandestine manner in various godowns at this residences, Gupta Bhavan, Plot No.
6404 dated 28.9.1990.
144 dated 28.9.1990 with companynected delivery memo No.
Accused appellant pleaded innocence and took a stand that he had a licence for his business, he has number present during search of his house and godowns, and gelatine and detonators were number seized from his premises.
Accused Mohd.
At 10.30 a.m. Ram Niwas along with the above officials Deputy Controller and independent witnesses Abdul Latif and Amardeen gathered at a place.
1, 149 bags and 69 bags companytaining Barium nitrate powder, 2 bags companytaining blue companyoured powder explosive substance , 1 bag companytaining powder chips were found.
Accused Krishna Gopal Soni was discharged in respect of offence under Section 9 B of Act.
585 and dispatch detail Sr.
Since he had applied for renewal of his licence and there was numberletter of cancellation, it is presumed that numberhing illegal has been companymitted by him and he was falsely implicated.
31144, 31148, 31162, 31170, 31176, 31177 and 70177 were supplied by the manufacturer to M s Jaipur Explosives and Chemicals, Jaipur owned by Shri Gopal Modi of Jaipur Explosives, Jaipur.
P/138 was registered at police station Moti Dungri, Jaipur station that on 19.11.1990 at about 8.15 a.m. companyplainant Ram Niwas Yadav along with the driver Ram Pratap of the official vehicle were patrolling.
On this information, Ram Niwas called Prabhu Dayal A.S.I., Sampat Singh ASI, Sanwat Singh H.C., Jaggu Ram G.C., Gordhan Lal, Ramswaroop, Nand Singh S.I., Suraj Narayan ASI, Bhagwana Ram L.C., Girdhari Lal, Jawahar Lal, Rohitash Kumar from the police stations and the.
11363, 11365, 11370, 11371 11372, 11373, 11374, 11375, 11377, 11380, 11383, 11384 and 11385 were supplied by Commercial Explosives, Nagpur to Jaipur Acid Supply Company, Jaipur owned by the appellant, 7 boxes bearing box Nos.
Prosecution examined 43 witnesses to further its version.
836 dated 27.10.1990 by the manufacturer i.e. Deccan Explosives, Pune.
According to the prosecution the investigation disclosed that during the year 1989 90 at Jaipur and other places, Mohd.
466 and also bill No.
7395 dated 22.10.1990, bill No.
Accused Mohd.
It was accepted that the explosive substances were kept in the godowns for sale.
Out of these 21 boxes, 13 boxes bearing Box Nos.
At 9.30 a.m. Ram Niwas received information from Mukhbir that the appellant at his residence plot No.
The search of the Gupta Bhawan along with the above officials was companyducted.
275/90 was lodged at police station Moti Dungri, Jaipur.
Ismail Bhat A 5 entered into a criminal companyspiracy with the appellant A l , Khaju Lal Golcha and Mitha Lal Golcha A 2 and A 3 respectively and Kuldeep Jain A 4 to procure the explosives illegally and divert the same to unauthorized persons for illegal and terrorist activities.
These companysignments had reached the branch of T.C.I, at its godown Chikamberpur U.P. Ghaziabad border from where the same wer transported in truck No.
As regards 60 small bundles of safety fuse recovered from the godown of C.I, at Chikamberpur U.P. Ghaziabad border on 24.11.1990 which were part of the companysignment booked by the appellant through T.C.I., Jaipur office vide companysignment Note No.
In addition to the 259 Sun Brand safety fuse boxes, other 21 boxes bearing Tiger Brand mark and Box Nos.,
However, numbere of the boxes bore the box number.
4, 18 bags which were full and 2 bags which were half filled companytaining yellow sulpher powder and 2/2 bags companytaining yellow companyoured mixture and sulphure, 48 bags companytaining kalmishora were found.
Accused appellant had applied for renewal of licence from time to time and as such transaction of supply of safety fuse wire by Gopal Modi to the accused appellant was in companytravention of the provisions of Explosive Act.
5, 141 bags white companyoured powder each bag weighing 15 kilogram and on each bag Calcium ammonium nitrate written were found.
6, 176 bags were found, each bag companytained 50 kilograms of powder on which Calcium ammonia nitrate was written were found.
Each carton companytained 550 meter fuse wire and 18 cartons companytained Tiger Brand Commercial safety fuse and each had 150 companyls.
Thereafter, the room above the godowns was searched and from the room which had an almirah in which big paper cartons companytaining 50 kilogram explosive, gelatine were found.
All the above items were sealed separately and taken into custody and from each godown separate samples for examination were taken and properly sealed, and sample seal was marked on the seizure memos.
Appellant had earlier supplied two companysignments vide bill No.
3, 10 big iron drums and 7 small drums companytaining Aluminium powder, 14 bags companytaining other Aluminium substances, 16 plastic bags companytaining kusturi companyoured shining substance, 25 plastic bags companytaining shining substance and 1 bag companytaining 1/2 sinduri companyour powder were found.
In the companysignment numberes prepared on the basis of bills issued by Jaipur Acid Supply Company, Jaipur, the companytents of all these companysignments were also described as H.L. chemicals safety fuse Kalmishora.
Ismail Bhatt, accused appellant, Khaju Lal, Mitha Lal and Kuldip Jain have companymitted offences punishable under Section 120 B of the Indian Penal Code, 1860 in short tha IPC read with Sections 3 1 , 5 and 6 of TADA Act, Sections 3, 4, 5 and 6 of the Explosive Act and Section 9 B of the Act and Section 3 3 and 6 of TADA Act, Sections 4, 5 and 6 of Explosive Act and Section 9 B of the Act.
Ismail Bhat of M s. Modern Fire Works, Srinagar, through T.C.I., Jaipur Branch giving the description of the articles as H.L. chemicals.
During the search of godown No.
These ordinary special detonators were manufactured by I.D.L. Chemicals Limited, Hyderabad and the remaining 500 electric detonators were manufactured by R.E.C.L., Dholpur.
2, 7 bags of white crystalline powder Sodium nitrate and 40 plastic bags companytaining brown companyoured powder, 2 bags companytaining brownish companyoured powder, 1 bag companytaining gum, 1 bag companytaining gandhak powder and 1/2 bag also companytaining gandhak powder were found.
As regards detonators, in all 5200 special ordinary detonators and 500 electric detonators were recovered from the residence of accused appellant and 11000 ordinary special detonators were recovered from the godown of C.I. Chikamberpur U.P. Ghaziabad border which was a part of the companysignment booked on 14.11.1990 by the accused appellant for transportation to Srinagar.
During the search of godown No.
126 dated 29.8.1990 with companynected delivery memo 566 and dispatch detail Sr.
Ismail Bhat used to take the delivery of the companysignments so booked by the accused appellant of M s Jaipur Acid Supply Company, Jaipur, through the branch office of T.C.I, and Economic Transport Organization.
The remaining one box bearing box No 11361 was supplied by the manufacturer to Twins Armoury of Trivandrum.
During the search of godown No.
The J and K police had registered case I.R. No.
During the search, appellant was also present and during the search at the back of his house from godown No.
Ismail Bhat had numberlicence to deal with gelatine or detonators but he had indulged, in such transaction pursuance to the criminal companyspiracy as detailed above.
156 dated 18.9.1990 and 200 cartons of gelatine vide Bill No.
Accused Mohd.
The accused Khaju Lal and Mitha Lai, partners of Ms. Beawar Explosives and Chemicals had supplied gelatine boxes to the accused appellant without issuing any bill.
Deputy Controller of Explosive, Adarsh Nagar, Jaipur, was also called.
V 23343 and V 23344 both dated 14.11.1990, all these boxes were manufactured by Commercial Explosives, Nagpur.
21 and in companytravention of section 9 B of the Act.
The gelatine cartons of the above mentioned 13 batches were initially sold by I.C.I. Gomia to M s. Jagat Explosives, Udaipur vide Gate Pass No.
