STATE OF GUJARAT Vs. GADHVI RAMBHAI NATHABHAI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been filed on behalf of the State of Gujarat against orders passed by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA Act') directing release of the respondents Gadhvi Rambhai Nathabhai, Kara Rambhai Gadhvi, Hitesh Vajshi Pindariya, Nagshibhai Nathabhai, Hamir Sajan Ahir, Ranmal Bogha Ahir, Bhimshi Lakhman and Ibrahim Hasam Vagher, on bail. The said respondents are alleged to have committed offences punishable under Secs. 25(l)(a)(b), 25(1-A), 25(1-AA), 25(1-AAA), 25(1-B) of the Arms Act, Secs. 3, 4 and 5 of the TADA Act and Sec. 135 of the Customs Act.

(3.) It is the case of the prosecution that on receipt of an information on 19-6-1993, that accused-respondents Gadhvi Rambhai Nathabhai and Hitesh Vajshi Pindariya had stored smuggled arms and ammunition in their residential premises, situated at Harsidhdhinagar of Khambhalia town, the District Superintendent of Police along with the Sub-Divisional Magistrate, two Deputy Superintendents of Police and other officials, raided the residential houses of the aforesaid accused persons. During the search, sub-machine gun made in Spain, several foreign made revolvers and pistols and cash amounting to Rs. 1,07,00,000 (Rupees one crore and seven lakhs) were recovered from accused-respondent Gadhvi Rambhai Nathabhai. Several foreign made arms, huge quantity of cartridges and Rs. 1,07,67,000 (Rupees one crore seven lakhs and sixty-seven thousand) were also recovered from accused-respondent Nagshibhai Nathabhai. It is also the case of the prosecution that from a jeep car near the farmhouse of accused Hamir Sajan Ahir, a gunny bag was recovered in which there were two A. K. 56 rifles, one tommy-gun, two pistols, two empty magazines of A. K. 56 rifles, two big walky-talky sets, a small transmiter, 98 cartridges of twelve bore, 191 cartridges of A.K. 56 rifles, 35 cartridges of revolver. Similarly, from other accused persons several foreign-made pistols and arms are alleged to have been recovered. It is alleged that the accused-respondents are working as main landing agents of notorious smugglers and the prime accused Haji Haji Ismail who is controlling the activities from Dubai. In the special leave petitions filed before this Court, it has been stated on behalf of the State that contraband articles like arms, ammunition and explosives were being freely distributed in the troubled parts of the country like Punjab, Assam and Kashmir on a very large scale.