21/93.
Mark P The further statement dated 11 12/02/2005 by accused Anwar Osman Subhaniya.
The respondents were tried for the aforesaid offences in Special TADA Case Nos.3/1994, 3/1997 and 1/2005, before the Special Court at Jamnagar, which was then transferred to the Court of Designated Judge at Jamnagar.
15305 of DSP, Jamnagar and going through the FIR filed against accused Umarmiya Mamumiya S o. Ismailmiya alias Panjumiya Bukhari of Porbander who is arrested for the offence u s. 121, 121 A, 122, 34 of IPC and u s. 1 AD 1AA 25 1B A,B,C,F,G and 27 1 , 29 A of Arms and u s. 1 A of Wireless telegraphic act and u s. 20 of Telegraph acts and under sec.
Mark Q The further statement dated 11 12/02/2005 by accused Junus Ibrahim Gajan.
Subject Sanction for filing of charge sheet against accused Umarmiya Mamumiya s o Ismailmiya s o Ismilmiya Panjumiya Saiyed Bukhari resident of Probandar under section 20 a 2 of the Terrorist and Disruptive Activities Prevention act 1987, so as to held further proceedings against him before the honourable companyrt.
Jamnagar I A.K. Bhargav IG and Chief Police officer Gujarat State Gandhinagar do hereby grant approval sanctioned under the provisions of TADA Act 1980 sec.
Since all the three charge sheets were in companynection with one and the same offence and to obviate repetition of evidence, companysolidated evidence was recorded for all the cases in Special TADA Case No.3/1994.
In this manner, as for the purpose of filing a charge sheet under section 20 A 2 of the TADA act against the accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari aged 50 years, resident of Porbandar Thakkar Plot, Sheri number1, Jamadar Fadi, it is requested that a sanction be provided.
Sd A.K. Tandon DGP and Chief Police Officer, Guj.
One Foreign made revolver with eight chambers worth Rs.60,000/. One Foreign made revolver with six chambers worth Rs.45,000/. One Transmitter walkytalky set worth Rs.
In this manner the name of accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Porbandar was declared for the crime and this accused thereby remained absconding.
80/ and the above mentioned crime was registered in detail.
The particular accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Porbandar, was arrested for the Probandar city Kamlabaug B Division police station Crime I 43/94 under Sections 3, 4, 5, etc.
3,4,5 of TADA act in Salaya Police station 21/93 Dist. ,
Mark K The papers wherein the accused Mammumiya Panjumiya was declared absconding.
Mark D Total 23 statements of the police officer and staff that were present in the raiding party.
The same is dated 11th March, 2005 Exh.55 , issued under the signature of R.S. Chudasama PW 13 .
Kindly companysider the above.
Ref 1.
As aforesaid, all the three separate chargesheets were registered as three Special TADA cases, being Special TADA Case Nos.3/1994, 3/1997 and 1/2005 before the Designated Court at Jamnagar.
Chargesheet was filed against respondent No.2 on 6 th April, 1997 whereafter a case was registered against him as Special TADA Case No.3/1997 before the Designated Court, Jamnagar.
S.P. PW13 and Yashodhar Ramchandra Vaidya PW10 .
As regards prior sanction accorded by K. Tandon PW14 , there was ample material on record to substantiate that he had accorded sanction Exh.84 after due companysideration of the relevant aspects and it was number a case of numberapplication of mind.
of the TADA act on 10/12/2004 and he was brought before the Probandar Judicial First Class magistrate companyrt number1.
worth Rs.
Ref 1.
It read thus Exhibit 56 OUTWARD NO.
52 live cartridges of 9 mm stain guns.
The prosecution examined 15 prosecution witnesses and their statements were recorded along with documentary evidence in support of the case.
1 lakh.
The Designated Court framed charges against the respondents on 12th September, 2005 to which they pleaded number guilty and wanted to be tried for the alleged offence.
45 thousand, 4 one transmitter walky talky set foreign made worth Rs.1 lakh, 5 stand gun live cartridges number.
Along with the chargesheet, sanction for prosecution Exh.84 was obtained from A.K. Tandon, Director General of Police PW14 under Section 20A 2 of TADA on 39/1193.
2 lacs, 2 Foreign made revolver with eight cylinders in chamber worth Rs.60 thousand, 3 one foreign made revolver with six cylinders in chamber having worth Rs.
As the accused remained absconding, during the year 1994, the honourable companyrt numberified the accused as absconding under section 8 3 of the TADA act.
Mark H The FSL certificate issued by Ahmedabad office for the weapons taken into custody.
Mark A Salaya police station Crime I 21/93 FIR Mark B Panchnama for taking into custody the weapons dated 18/06/1993 Mark C Discovery panchnama dated 29/06/1993 for Walky Talky shown by the accused Anwar Osman Subhaniya during the remand.
Mark The companyy of companyrt order for application S number96/05 filed for days15 remand against the accused Mammumiya Panjumiya.
In this particular case, the transfer warrant was issued by the Jamnagar designated companyrt on 14/12/2004, it was submitted before the Porbandar companyrt.
As for this, the further remand of 15 days were sought for the accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Probandar but it was rejected by the companyrt and thereby he was taken under judicial custody.
4 live cartridges of revolvers.
The evidence found during the investigation against the accused are hereby provided as marked along with the letter submitted.
The evidence found during the investigation against the accused are hereby marked and provided.
Sd Designated Judge, Jamnagar.
During the remand, the accused was inquired from and he mentioned that, the two Walky Talky set that he gave to Anwar Osman Subhaniya were taken by him from his brother Abdullah Osman Subhaniya in the year 1985 for smuggling activities.
Thereafter he gave both these Walky Talky sets to Anwar Osman Suhaniya during 1989/90 and thereby these details were divulged during the investigation.
Mark E The statement of the accused Anwar Osman Subhaniya dated 21/06/1993 Mark F The order passed for application of TADA sections in the Salaya Crime I 21/93 Mark G The letter mentioning the details of case registered against the accused Umarmiya Mammumiya s o Ismailmiya by Customs Porbandar for smuggling silver.
During the hearing, the accused was brought before the honourable additional sessions and designated judge Khambhaliya and a remand of days30 were sought for the accused and therefore the honourable companyrt approved the remand in police custody, of the accused till 1100 hours of 14/02/2005.
This was followed by a companymunication sent under the signature of Manoj Shashidhar, Superintendent of Police, Jamnagar number examined dated 15th March, 2005 Exh.56 .
The above mentioned accused Anwar Osman, during the remand showed one transmitter walky talky wireless set worth Rs.75 thousand and during the remand he stated that two wireless set were purchased by him from accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Probandar.
The companyplaint Exh.27A was lodged by one Bakul Vithalbhai Jani PW6 , on the basis of information that respondent No.1 Anwar Osman Subhaniya, resident of Salaya Barlovas, Hussaini Chowk Hasmi Manzil, was in illegal possession of foreign made fire arms weapons at his residential house.
This particular accused was arrested as per proceedings in the presence of the panch witnesses on 08/02/2005 at 2300 hours.
57 accorded by A.K. Bhargav in respect of accused No.3, is also backed by relevant material duly companysidered by him, as is evident from the evidence of Raghuvirsinh Surubha Chudasama, Dy.
Sd illegible Manoj Shashidhar Superintendent of Police Jamnagar Copy sent Deputy Superintendent of police Khambhaliya Division, Khambhaliya The purported sanction dated 1st April, 2005 Exh.57 was finally issued under the signature of A.K. Bhargav, IGP number examined .
This particular accused was arrested as per proceedings in its presence of the panch witnesses on 08/02/2005 at 2300 hours.
On 18/06/1993 at 13/30 hours at the Salaya Police Station, on behalf of the state Mr. B. V. Jani police sub inspector LCB Branch, Jamnagar declared companyplaint against Anwar Osman Subhaniya Vagher resident of Salaya Hussaini Chowk, Hazmi Manzil and declared that the accused was arrested with the muddamal of 1 Foreign Carbon Stand gun Magazine worth Rs.
1040, 6 Revolver live cartridges number.
Annexed The documents placed on record along with the letter.
After companypletion of investigation against respondent No.3, separate chargesheet came to be filed on 29th April, 2005 after obtaining prior sanction Exh.57 under Section 20A 2 of TADA from A.K. Bhargav dated 1st April, 2005.
Deposition of witness No.14 Mark 80/5 be exhibited at exh.84 in spl.
In this manner, as for the purpose of filing a charge sheet under Section 20 A 2 of the TADA act against the accused Saiyed Bukhari aged 50 years, resident of Porbandar Thakkar Plot, Sheri number1, Jamadar Fadi, the sanction is required and thus it is hereby submitted that the above mentioned documents be taken into perusal and the sanction be provided for filing a charge sheet against the accused under section 20 A 2 of the TADA act.
Mark I The charge sheet number19/94 registered against the accused Anwar Osman Subhaniya on 18/06/1994 and the companyy of the charge sheet wherein the accused Mammumiya Panjumiya Saiyed is shown as absconding under companyumn number2.
Kindly sign the same.
Judge, 4706.
The accused Umarmiya Mammumiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Porbandar was brought before superintendent of police, Khambhaliya division Mr. R.S. Chudasama after obtaining his custody by the police sub inspector Mr. B.V. Pander on 08/02/2005.
The opinion of the Designated Court that even this sanction order suffers from the vice of numberapplication of mind is manifestly wrong.
Similarly, the prior sanction Exh.
DSP, Jamnagar, RBD121 Proved in 1993/1810 dtd.
The raiding party, after obtaining prior approval Exh.30 of Pramod Kumar Jha, DSP PW15 , proceeded along with search warrant, and upon search of the residential house of respondent No.1, companyducted by the raiding party, following items were seized One Foreign made carbine gun with magazine valued Rs.2 lakhs.
1 and 2, it was found that they had fled and thus the further investigation for these two persons.
4 worth Rs.80/ and the above mentioned crime was registered in detail.
The stated sanction reads thus Exh.57.
Further, Mr. Tandon had personally discussed about the case with him.
Respondent No.3 came to be arrested in 2005 in companynection with another CR No.43/1994 registered under Sections 3, 4 5 of TADA by the B. Division Police Station on 10th December, 2004.
82 , the DGP Mr. A.K. Tandon PW14 had summoned him with papers of the case for discussion.
Respondent No.2 Junas Hazi Ibrahim came to be arrested on 20th March, 1997 and his companyfessional statement under Section 15 of TADA was recorded on 25th March, 1997, when he stated that he sold one carbine gun to respondent No.1.
of Porbander for offence u s. 121, 121 A , 122, 34 of IPC and u s. 1 AD 1 AA 25 1B , ABCFG and 27 1 , 29 A of Arms act and u s. 1 of Wire less Telegraphic act and u s. 20 of Telegraph act and u s. 3,4,5 of TADA act who was arrested on Salaya CR No.
Later, on 21st June, 1994, a chargesheet was filed against respondent No.1 and the case was registered as Special TADA Case No.3/1994.
Immediately after recovery of arms and ammunition, after seeking prior oral approval of PW6, FIR was lodged vide CR21/93 for the stated offences only against respondent No.1 and he came to be arrested on 18th June, 1993.
J.1/1909/1/Salaya/21 93/4327.
Even though A.K. Tandon, DGP PW14 had asserted that he had fully applied his mind before issuing the purported sanction order under Section 20A 2 of TADA, that order, however, is suggestive of a casual approach of A.K. Tandon, DGP PW14 .
Regarding giving of approval for chargesheet u s. 20 A 2 of TADA act against accused Umarmiya Aliyas Mamumiya S o Ismailmiya Alias Panjumiya Bukshari resi.
A transfer warrant was obtained from the TADA Court, Jamnagar for arresting and taking custody of the respondent No.3 before his arrest.
Orders giving permission for applying TADA as placed at S1 TO S8, which may please be illegible.
Mark R The companyy of companyrt order for application number88/05 filed for days30 remand against the accused Mammumiya Panjumiya.
20 A 2 Amended 1993 for filing chargesheet against Umarmiya alias Mamumiya S o. Ismailmiya Alias Panjumiya Bukhari of Porbander in CR No.21/39 u s. 20 A 2 of TADA act.
Office of DGP and Chief Police Officer, Gujarat State, Ahmedabad 39/1193.
4 worth Rs.
In this manner the name of accused Umarmiya was declared for the crime and this accused thereby remained absconding.
75 thousand and during the remand he stated that two wireless set were purchased by him from accused Umarmiya Mammumiya s o Ismailmiya PanjumiyaSaiyed Bukhari resident of Porbandar.
60 thousand, 3 one foreign made revolver with six cylinders in chamber having worth Rs.45 thousand, 4 one transmitter walky talky set foreign made worth Rs.1 lakh, 5 stand gun live cartridges number.
4 worth Rs.
Chief Police Officer, Rajkot Division, Rajkot, Addl.
Chief Police Officer, Crime.
The Designated Court then proceeded to companysider the rival arguments and framed the following issues for companysideration Whether prosecution proves beyond reasonable doubt that accused have with a view to do the war against India Government, by aiding and abutting each other, in furtherance of their companymon intention, to prepare in advance to companylect the weapons by previously arranging companyspiracy and as a part of that companyspiracy, before any time prior to 18693 at 1000 hrs.
52 number.
Upon investigating as to the number.
15305 of DSP, Jamnagar.
RB illegible 4/2005 Office of the Superintendent of police Jamnagar, dated 15/03/2005 To, The Inspector General of Police Gujarat State, Gandhinagar.
worth Rs.1040, 6 Revolver live cartridge number.
This particular accused Umarmiya Mammumiya s o Ismailmiya PanjumiyaSaiyed Bukhari resident of Probandar, was arrested for the Porbandar city Kamlabaug B Division police station Crime I 43/94 under sections 3, 4, 5, etc.
During the hearing, the accused was brought before the honourable additional sessions and designated judge Khambhaliya and a remand of days30 were sought for the accused and therefore the honourable companyrt approved the remand in police custody, of the accused till 1100 hours of 14/02/2005.
As for this, the further remand of 15 days was sought for the accused but it was rejected by the companyrt and thereby he was taken under judicial custody.
case No.3/94.
of the TADA act on 10/12/2004 and he was brought before the Probandar Judicial First Class magistrate companyrt No.1.
S.P. Khambhalia on 13407 And companyy ready on 23407 and companyy delivered on 25507.
Sd 1/11/1993 Indeed, P.K. Jha PW15 in his evidence has stated that after sending the letter Exh.
Sd A.K. Bhargav IGP and Chief Police officer Gujarat State Gandhinagar.
To, DSP, Jamnagar Dists.
FIR of Salaya Police Stn.
Translated from guj.
As the accused remained absconding, during the year 1994, the honourable companyrt numberified the accused as absconding under section 8 3 of the TADA act.
Thereafter he gave both these Walky Talky sets to Anwar Osman Suhaniya and thereby these details were divulged during the investigation.
worth Rs.
The wording of sanction order companysidered by this Court is similar to the one under companysideration.
80/ and upon investigation from the accused, he stated that, the weapons were obtained from Mamummiya Panjumiya resident of Porbandar, 2 Junus Ibrahim Gajwa Vadher resident of Salaya, 3 Adam Jusab Bhaya Vadher resident of Salaya since deceased .
Sd illegible R S Chudasama Deputy Superintendent of Police Khambhaliya Division Sent with regards, Superintendent of Police, Jamnagar.
Sd Pramodkumar Asst.
Subject Sanction for filing of charge sheet against accused Umarmiya Mamumiya s/0 Ismailmiya s o Ismailmiya Panjumiya Saiyed Bukhari resident of Porbandar under section 20 a 2 of the Terrorist and Disruptive Activities Prevention act 1987.
Endorsement for true companyy Copy applied for by Dy.
Kindly companysider the above.
Jamnagar Copy to Chief Special police officer Dy.
DGP Shri, CID, Crime and Range Gujarat State, Ahmedabad.
Sd Registrar.
Sessions Court, Jam.
52 number.
During the remand, the accused was inquired from and he mentioned that, the two Walky Talky set that he gave to Anwar Osman Subhaniya were taken by him from his brother Abdullah Osman Subhaniya in the year 1985 for smuggling activities.
9893 by DSP Jamnagar and FIR of Jamnagar Dist.
52 number.
Upon investigating as to Abdullah Osman Subhaniya, it came out during the investigation that, that particular person does number reside in Salaya and has gone to Abu Dhabhi Foreign nation .
The respondents did number produce any defence witness.
Mark L The transfer warrant of accused Mammumiya Panjumiya.
1040 and Revolver live cartridges number.
The same reads thus AnnexureP/5 Mark 80/5 Exh.84.
In the Salaya police station Crime I 21/93, Jamnagar City B Division Police station Crime 151/93, Panchnoshi B Division police station Crime I 57/93 and Bharwad Police Station Crime I 43/93, the S1 to S8 documents are placed on record for signature, in reference to the order passed by the Inspector General of Police.
On 18/06/1993 at 13/30 hours at the Salaya Police Station, on behalf of the state Mr. B. V. Jani police sub inspector LCB Branch, Jamnagar declared companyplaint against Anwar Osman SubhaniyaVagher resident of SalayaHussaini Chowk, Hazmi Manzil and declared that that accused was arrested with the muddamal of 1 Foreign Carbon Stand gun Magazine worth Rs.2 lacs, 2 Foreign made revolver with eight cylinders in chamber worth Rs.
Mark J The letter under report number4/93 under section 8 3 A of TADA act against the accused Mammumiya Panjumiya.
Sd Registrar True companyy.
Reverting to the sanction dated 1st April, 2005 Exh.57 , companycerning accused No.3/respondent No.3, issued under the signature of A.K. Bhargav who is number examined read with the evidence of Yashodhar Ramchandra Vaidya PW10 , it may appear that it has been issued after due companysideration of all the relevant material, including police papers.
The investigation of the Salaya Police station Crime I 21/93 under section 121, 121A, 122, 34 of the IPC, section 26 1 AD 1AA , 25 1B A, B, C, F, G and 27 1 29 A of the Arms act, section 6 1 A of the Wireless Telegraph act, section 20 of the Telegraph act and section 3, 4 and 5 of the TADA act, is held by deputy superintendent of police, Khambhaliya Mr. R.S. Chudasama.
9893 by DSP, Jamnagar.
Salaya Police Station CR No.21/93 u s. 122 of IP Code and u s. 25 1 A of Arms and u s. 3,4,5 of TADA act, I A.K. Tandon, DGP and Chief Police Officer Gujarat State, Ahmedabad do hereby approval sanctioned to apply TADA act 3,4,5 under amended provisions of amended TADA act 1987 Amendment 1993 u s. 20 1 2 .
63, an order issued by the Director General of Police, Ahmedabad, on 39 1993, as the sanction under Section 20A 2 of TADA.
Placed with regards It is a request to taken into perusal the order passed by the honourable Inspector General of Police at page P19/NS.
RB/741/05 dated 11/03/2005.
RBD/121/ 1993/1810 dtd.
Reference The Deputy superintendent of police, Khambhaliya division letter No.
In this particular case, the transfer warrant was issued by the Jamnagar designated companyrt on 14/12/2004, it was sunmitted before the Porbandar companyrt and the accused was brought before me after obtaining his custody by the police sub inspector Mr. B. V. Pander on 08/02/2005.
Sd Desi.
State, Ahmedabad.
The evidence of Yashodhar Ramchandra Vaidya PW10 indicates that a Yadi was received on 27th March, 2005 in the Office of Director General of Police and Chief Police Officer, where the witness was working as ASI.
In paragraph 9 of the reported judgment, the said sanction order has been reproduced, which reads thus In this case the prosecution relies on Ext.
Separate chargesheets were filed against the respondents for offences punishable under Sections 121, 121A, 122 read with Section 34 of the Indian Penal Code, Sections 3, 4 and 5 of TADA, Sections 25 1 A D , 25 1AA , 25 1B A B F G , 27 1 , 29 A of the Arms Act, 1959 for short 1959 Act , Section 20 of the Indian Telegraph Act, 1885 for short 1885 Act and Section 6 1A of the Indian Wireless Telegraphy Act, 1933 for short 1933 Act .
RBR/1014/2005 dtd.
RBR/1014/2005 dtd.
After carefully companysidering and going through the proposal for giving approval for chargesheet under the TADA act of the papers and the letter No.
Proposal for giving sanctioned for chargesheet under TADA act letter No.
Mark O The explanation dated 08/02/2005 to 14/02/2005 by accused Mammumiya Panjumiya.
M. Khanwilkar, J. The instant appeals filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA , are against the final judgment and order dated 12th January, 2007 passed by the Designated Judge, Signature Not Verified Jamnagar in Special TADA Case Nos.3/1994, 3/1997 and Digitally signed by DEEPAK SINGH 1/2005, whereby the respondents have been acquitted after Date 2019.02.27 172507 IST Reason finding them number guilty of the stated offences.
Mark M The physical situation panchnama dated 08/02/05 at the time of arrest of accused Mammumiya Panjumiya.
