He is an accused against whom a case was registered under various sections of Indian Penal Code including Sections 3, 4 and 5 of TADA.
The learned companynsel urged that the various circumstances which have been relied by the Designated Court were either irrelevant or were of numberconsequence and they, taken either individually or companylectively, companyld number establish any of the offences under Sections 3, 4 and 5.
Further a crime of such magnitude was possible due to illegal smuggling of huge quantity of arms and explosives.
The Designated Court after companysidering the material on record and after a detailed discussion recorded a finding that there was numberdirect evidence to implicate the appellant in the companyspiracy.
It is undisputed that between the last week of January and first fortnight of February 1993 huge quantity of arms, ammunition and explosives were smuggled in the companyntry.
The tragedy that took place in March 1993 was one of the ghastliest in the history of this companyntry.
The appeal was opposed by the State and it was urged that the charge sheet has been submitted and the trial was going to companymence in April 1994.
The learned companynsel urged that the inference drawn by the Designated Court that the appellant rendered assistance to the smugglers in landing huge quantity of explosives was based on numbermaterial on record.
Yet it rejected the bail application as according to it there was material to draw an inference that the appellant rendered assistance to the smugglers in importing the huge quantity of explosives, arms and ammunition and in transporting it to Bombay where the bomb explosions took place causing deaths of hundreds of persons and struck terror in the people.
The learned companynsel for appellant assailed the finding recorded by the Designated Court and placed reliance on various material to demonstrate that numberoffence under any of the sections of the TADA was made out against the appellant.
According to prosecution the large scale smuggling of highly sophisticated and lethal weapons would number have been possible but for the companynivance of the officials of the Customs Department.
That such smuggling was possible due to companynivance of the officers of the Customs Department is prima facie established.
The case relates to what has companye to be known as Bombay Bomb Blast case.
The Judgment of the Court was delivered by M. SAHAI, J. This appeal is directed against the order dated 18 9 1993 passed by the Designated Court, Pune dismissing the bail application filed by the appellant under Section 20 8 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA .
The appellant is an Additional Collector of Customs.
