DURGA PRASAD GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant was found guilty of offences punishable under 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the TADA Act), Sections 4 and 5 of the Explosive Substances Act, 1908 (in short the Explosive Act) and9B of Explosives Act, 1884 (in short the Act) read with Rule 115 of the Explosives Rules, 1983 (in short the Rules).

(2.) Prosecution case which led the trial of the accused who was charge sheeted alongwith five others in a nutshell is as follows:

(3.) On 19.11.1990 complainant Ram Niwas ((PN-7), S.H.O., P.S. Moti Dungri, Jaipur filed a written report Ex.P/10-A through Shri Sanwat Singh on the basis of which FIR Ex.P/138 was registered at police station Moti Dungri, Jaipur stating that on 19.11.1990 at about 8.15 a.m. complainant Ram Niwas Yadav along with the driver Ram Pratap of the official vehicle were patrolling. At 9.30 a.m. Ram Niwas received information from Mukhbir that the appellant at his residence plot No. A-4, Gupta Bhawan, Deepak Marg, had illegally kept explosives in huge quantity without licence at the godowns and under ground room and at the upper sry of his house. On this information, Ram Niwas called Prabhu Dayal A.S.I., Sampat Singh ASI, Sanwat Singh H.C., Jaggu Ram G.C., Gordhan Lal, Ramswaroop, Nand Singh S.I., Suraj Narayan ASI, Bhagwana Ram L.C., Girdhari Lal, Jawahar Lal, Rohitash Kumar from the police stations and the Deputy Controller of Explosive, Adarsh Nagar, Jaipur, was also called. At 10.30 a.m. Ram Niwas along with the above officials, Deputy Controller and independent witnesses Abdul Latif and Amardeen gathered at a place. C.O. Adarsh Nagar Sunder Lal S.H.O. Police Station, Adarsh Nagar, Chain Singh, Addl. S.P., Jaipur city were also informed, who came over. The search of the Gupta Bhawan along with the above officials was conducted. During the search, appellant was also present and during the search at the back of his house from godown No. 1, 149 bags and 69 bags containing Barium nitrate powder, 2 bags containing blue coloured powder (explosive substance), 1 bag containing powder chips were found. During the search of godown No. 2, 7 bags of white crystalline powder (Sodium nitrate) and 40 plastic bags containing brown coloured powder, 2 bags containing brownish coloured powder, 1 bag containing gum, 1 bag containing gandhak powder and 1/2 bag also containing gandhak powder were found. During the search of godown No. 3, 10 big iron drums and 7 small drums containing Aluminium powder, 14 bags containing other Aluminium substances, 16 plastic bags containing kusturi coloured shining substance, 25 plastic bags containing shining substance and 1 bag containing 1/2 sinduri colour powder were found. During the search of godown No. 4, 18 bags which were full and 2 bags which were half filled containing yellow Sulphur powder and 2 1/2 bags containing yellow coloured mixture and sulphur, 48 bags containing kalmishora were found. During the search of godown No. 5, 141 bags white coloured powder each bag weighing 5 kilogram and on each bag Calcium ammonium nitrate written were found. During the search of godown No. 16, 176 bags were found, each bag contained 50 kilograms of powder on which Calcium ammonia nitrate was written were found. Thereafter, the underground room of the house of the appellant was searched and 262 carns of safety fuse were found. Each carn contained 550 meter fuse wire and 18 carns contained Tiger Brand Commercial safety fuse and each had 150 coils. The length of each coil was 7.32 meters. Thereafter, the room above the godowns was searched and from the room which had an almirah in which big paper carns containing 50 kilogram explosive, gelatine were found. From the brown packets 10 packets containing 500 electric denars were found, while the small carn contained 5200 denars and all these were explosive substances. All the above items were sealed separately and taken in cusdy and from each godown separate samples for examination were taken and properly sealed, and sample seal was marked on the seizure memos. Appellant was asked produce the licence for the above explosives, but he said that he did not have a licence. It was accepted that the explosive substances were kept in the godowns for sale. Against the appellant, offences under3, 4 and 5 of Explosive Act,9B of the Act and6 of the TADA Act were made out. On this written report, FIR No. 275/90 was lodged at police station Moti Dungri, Jaipur.