ASHRAFKHAN @ BABU MUNNEKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals have been filed against the judgment and order dated 31st of January, 2002 passed by Additional Designated Judge, Court No. 3, Ahmedabad City in TADA Case Nos. 15/1995 and 6/1996 consolidated with TADA Case Nos. 32/1994 and 43/1996.

(2.) According to the prosecution, Abdul Wahab Abdul Majid Khan was arrested in a case of murder. On being interrogated in that case, he made startling and shocking revelations. He disclosed that accused Yusuf Laplap, who is involved in illegal business of liquor and running a gambling den is in possession of four foreign made hand grenades, revolvers and AK-47 rifles. The fountainhead of the weapons, according to the information is notorious criminal Abdul Latif Shaikh and came at the hand of accused Yusuf Laplap through his close associate accused Abdul Sattar @ Sattar Chacha. Sattar gave the arms and explosives to accused Siraj @ Siraj Dadhi, a constable attached to Vejalpur Police Station. He in turn delivered those arms and explosives to accused Imtiyaz Nuruddin, the servant of Yusuf Laplap at latter's instance. The aforesaid information was passed on to A. K. Suroliya, the Deputy Commissioner of Police, Crime Branch. The police party searched the house of the accused Yusuf Laplap in the night and found him leaving the house with two bags. From one of the bags one revolver with ISI mark and five foreign made hand grenades were recovered and from another bag five detonators having clips affixed to it were found.

(3.) According to the allegation, the arms and explosives seized were similar to those used in the Ahmedabad City earlier by gang of criminals and intended to be used in the forthcoming "Jagannath Rath Yatra". The information given by the Police Inspector, U. T. Brahmbhatt led to registration of Crime No. 1-CR No. 11 of 1994 dated 9th of June, 1994, at the Crime Branch Police Station under Section 120B of the Indian Penal Code, Section 3 & 5 of Terrorist and Disruptive Activities (Prevention) Act (hereinafter referred to as 'TADA'), Section 7 & 25 (1) of the Arms Act and Section 4, 5 and 6 of the Explosive Substances Act against seven accused persons[1].