LAL SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) After trial in T.A.D.A. Case Nos. 2 of 1993, 7 of 1993 and 2 of 1994, by judgment and order dated 8th January, 1997, the Designated Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad, acquitted 16 accused and convicted 5 accused, appellants herein, namely, accused No. 1 Lal Singh, accused No. 2 Mohd. Sharief, accused No. 3 Tahir Jamal, accused No. 4 Mohd. Saquib Nachan and accused No. 20 Shoaib Mukhtiar. The appellants were convicted for the offences punishable (1) under Sec. 3(3) of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as T.A.D.A. Act) and sentenced to suffer life imprisonment and to pay a fine of Rs. 10,000/- each and in default to suffer R. I. for 6 months; (2) under Sec. 120B(1) of I.P.C., and sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 5000/- each, in default to suffer R. I. for 3 months. They were further convicted for the offence punishable under Sec. 3(3) of T.A.D.A. Act read with Sec. 120B I.P.C., but no separate sentence was awarded. Accused No. 1 was additionally convicted for the offences punishable (1) under Sec. 5 of T.A.D.A. Act and sentenced to suffer life imprisonment and to pay a fine of Rs. 10,000/-, and in default to suffer R. I. for 6 months; and (2) under Sec. 5 of the Explosive Substances Act, to pay a fine of Rs. 5,000/- in default to undergo R. I. for 3 months; (3) under Sec. 25(1A) of the Arms Act and sentenced to suffer R.I. for 7 years and to pay a fine of Rs. 5,000/- and in default to suffer R. I. for 3 months. No separate sentence for A-1 under Sec. 3(3) of T.A.D.A. Act. Section 5 Explosive Substances Act read with Sec. 120B I.P.C., was passed. All sentences were directed to run concurrently.

(2.) Against the said judgment and order, A1-Lal Singh has filed Criminal Appeal No. 219 of 1997, A2-Mohd. Sharief has filed Criminal Appeal No. 1409-1411 of 1997, A3-Tahir Jamal has filed Criminal Appeal No. 407-499 of 1997, A4-Mohd. Saquib Nachan has filed Criminal Appeal No. 244 of 1997 and A20-Shoaib Mukhtiar has filed Criminal Appeal No. 294 of 1997.

(3.) In all, twenty-one accused were tried jointly before the trial Court on the charge that they along with 13 named absconding accused and some unknown Sikh militants hatched criminal conspiracy in India and abroad for subversive and terrorist activities in India and for facilitating creation of Khalistan and liberation of Jammu and Kashmir by violent means during the period between September, 1988 to July, 1992; accused No. 1-Lal Singh visited Pakistan on fake Pakistani passport and contacted Inter Service Intelligence (I.S.I.) officials of Pakistan for smuggling of arms, ammunitions and explosives and money for terrorist activities into India; accused No. 2 is Pakistani national and I.S.I. agent; accused Nos. 1 and 2 along with Sajjad Alam Raja (absconder) unlawfully indulged in subversive activities, created an organization at Lahore (Pakistan) for liberation of Kashmir and its merger with Pakistan, creation of Khalistan in India by striking terror in people or section of people or to adversely affect the harmony amongst different sections of people, creating hideouts at various places in India with the help of A4 and A20; accused No. 2 along with accused No. 1 and some unknown Pakistani smugglers facilitated the smuggling of several consignments of arms, ammunitions and explosives into India from Pakistan by illegal means during 1991; A1, A2 and A20 along with some absconders conspired to strike terror by violent means to eliminate BJP/Hindu leaders/police officers and for that purpose procured fire-arms, ammunitions and explosives; accused Nos. 3, 4 and 20 with the help of other accused created hideouts for accused No. 1 for intensifying terrorist activities and for arranging transportation; accused No. 1 along with accused Devendrapal Singh @ Deepak (absconder) while staying at Ahmedabad was in constant touch with accused Gurjit Singh Dhaliwal @ Pal @ Sharma (absconder) in U.S.A. He co-ordinated the terrorist activities in India on telephone and that at the behest of accused persons huge quantity of arms, ammunitions, explosives and other articles were recovered and found to be in working order, which were of foreign make and sufficient to cause explosions.