Provisions of the TADA Act were applied on the allegations that pursuant to the companyspiracy and in pursuance of the companymon intention they prepared bombs with huge quantities of explosive substances and highly explosive materials with intent to strike terror in the mind of the people adversely affecting the companymunal harmony amongst the people belonging to Hindu and Muslim religions.
Around 10 to 10.30 p.m. he saw Rashid, Aziz Zakrin and Lalu companying inside the Satta Gali with an old man wearing spectacles identified as accused appellant Panalal Jaysoara .
On investigation 8 persons including the six appellants were found linked with the companymission of offences.
Two of the accused persons, Pannalal Jaysoara accused appellant in Criminal Appeal No.
As a result of these acts companymission of terrorist acts was facilitated.
Large number of people were trapped in and buried under the demolished buildings.
Afterwards.
40 Md. Sabir Natu , PW.
The fact that they possessed explosive substances gave rise to a reasonable suspicion that such possession and companytrol of the explosive substances were number for lawful object.
They were defused after examination.
Charge sheet was submitted on 14.6.1993.
Similarly, PWs.
The matter was challenged before this Court by the prosecution.
While rescue operations were on there was further explosion on 18.3.1993.
Non examination of these material and independent witnesses rendered the prosecution version suspect.
On 16th March, 1993, just before the stroke of mid night, people in and around B.B. Ganguly Street in the Bow Bazar Area of Calcutta heard deafening sounds emanating from thundering explosions which resulted in total demolition of a building and partial demolition of two other adjacent buildings situated at 267,266 and 268 A, B.B. Ganguly Street.
Police officers arrived at the spot immediately.
As he and PW 68 were reporting the matter to Rashid, an old man wearing spectacles identified as accused Pannalal Jaysoara and Osman came out of Satta gali.
Gulzar accused appellant in Criminal Appeal No.
Many independent witnesses were number examined though their presence is accepted by the prosecution.
It was, therefore, highly improbable that he was allowed to go up and numberice all those materials which were lying in the rooms and the activities being carried out, It was highly improbable that numberody stopped him.
Some of the accused persons were also identified by witnesses in the Test Identification Parade.
In the test identification parade PWs 40, 67 and 68 identified accused appellant Pannala Jaysoara on 15.4.1993.
Their near relatives were staying in locality.
The High Court quashed the order of sanction and taking of companynizance.
But his statement was recorded two days after without any explanation being offered as to why he was examined two days after.
Out of the 165 witnesses examined, three witnesses were picked up as star witnesses to prove the companyspiracy and the companynected acts.
Confessional statement of accused appellant Gulzar is relevant, He stated that Rashid had reminded them that many Muslims had been killed in the riot at Bombay and Government did number do anything for the Muslims.
Human limbs were found scattered all around the area.
PW 67 has deposed that Rashid was standing alone in front of the Satta office.
Large number of witnesses were examined.
As the accused persons facing trial pleaded innocence, trial was companyducted.
As they wanted to make their companyfessions, those were to be recorded before the Judicial Magistrate, accordingly, their companyfessional statements were recorded by the magistrates PWs.81 and 82 .
On 11.6.1993.
PWs 67 and 68 have stated about plan of and preparation for manufacture of bombs.
Their terrorist activities resulted in the death of 69 persons, injuries to a large number of persons and destruction and damage to properties.
They are PW.
Thereafter, they went upstairs of 267 B.B. Ganguly Street.
Considering the seriousness and gravity of the incident, the Commissioner of Police set up a special investigating team.
In Court, they made embellished and highly ornamented statements.
the Commissioner of Police on examination of the case diary, statement of witnesses, reports of the experts and companyfessional statements came to the companyclusion that provisions of Terrorist and Disruptive Activities Prevention Act, 1987 in short The TADA Act were applicable.
PW 40 followed them up.
Those who survived tried to rescue the unfortunate victims.
Arrests were made.
Accused Persons filed a writ application before the Calcutta High Court challenging the validity of the sanction and the order whereby the Designated Court took companynizance of the offences under the TADA Act.
PW 40 had deposed about presence of Murtaza Bhai, Gulzar Bhai, Khalid Bhai, Ukil Tenial, Khursid and Hansu while they were companying inside Satta Gali carrying two loaded gunny bags.
It is stated that the prosecution case is that Nausad was the owner of one of the premises and PW 68 told Osman about the companyspiracy.
While moving up the stairs to the upper floor, Rashid asked the old man to prepare bombs with the materials brought by him.
Their statement was to the effect that on 16.3.1993 at about 11.00 p.m. they went to meet Rashid Khan to ventilate their grievance against some of the pencillors disturbing the tranquility of the locality.
The first information report was lodged at Bow Bazar Police Station for alleged companymission of offences punishable under Section 120B, 436, 302, 307 326 of the Indian penal Code, I860 in short the IPC and Sections 3 and 5 of the Explosive Substances Act, 1908 in short The Explosive Act .
Meanwhile, the pay loader picked up a gunny bag companytaining 22 live bombs.
PW 40 claimed to have heard the accused appellant, Rashid asking the accused appellant, Pannalal Joysorara about the preparation of bombs.
Accordingly, sanction, was accorded for prosecution of the accused persons under the said statute.
According to his own testimony, he was only companynected with satta games.
Certain materials were seized by the investigating team from the site of the occurrence and on examination, it was found that nitro glycerin explosives were involved in the explosion.
494/2002 were arrested on 29.3.1993 and 13.5.1993 respectively.
He was the witness who was available immediately after the incident.
The exploded bomb was handed over to the police officer after its examination on the spot by a Military Officer.
67 and 68 , were also examined after two days.
The case of the prosecution, in short, is that the accused persons companyspired and agreed to manufacture bombs illegally by using explosives to strike terror in the people, particularly, in the mind of the people living in Bow Bazar and its adjacent areas to adversely affect companymunal harmony amongst members of Hindu and Muslim companymunities Pursuant to this criminal companyspiracy and in pursuance of the companymon intention, they caused companyplete/ partial destruction of properties by using the explosive substances.
299/2002 and Mohd.
Presence of the accused persons in and around the place of occurrence has been amply established by the evidence of PWs 40,67 and 68, as well the companyfessional statements of Pannalal and Gulzar.
Criticism was levelled by learned companynsel for accused appellant that the entire companyversation alleged to have taken place was disclose by PW40 during investigation.
Referring to the evidence of PWs 40,67 and 68, it was submitted that their evidence suffers from innumerable fallacies.
It was indeed a very ghastly sight and large number of people died because of the explosions impact and or on account of the falling debris.
