(1.) This appeal is by a certificate under Article 134A of the Constitution of India granted by the Bombay High Court to appeal against its judgment dated 18-1-1994 in Criminal Writ Petition No. 902 of 1993 quashing the proceedings under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the "TADA Act") against respondent Abdul Hamid Haji Mohammed on the ground that the provisions of TADA Act are not attracted to the allegations against him. In the charge-sheet dated 4-11-1993 filed in the Designated Court, Greater Bombay alleging the commission of offences punishable under the TADA Act by the 189 accused named therein, respondent Abdul Hamid is shown as accused No. 61. In the impugned judgment dated 18-1-1994, the High Court has held that the provisions of TADA Act are not attracted to the case against the respondent and consequently the proceedings against him before the Designated Court under the TADA Act have been quashed. Consequently, the High Court has directed the release of the petitioner on bail on terms mentioned in its judgment.
(2.) The city of Bombay was rocked by a series of bomb blasts on 12-3-1993 which killed 257 persons, maimed another more than 700 persons and destroyed property worth about Rs. 27 crores. These bomb blasts occurred in important Government and public sector buildings of stock exchange, Air India, Sahar International Airport, several five star hotels and busy commercial localities such as Zaveri Bazar, Katha Bazar and Century Bazar. Petrol pumps adjoining important locations were also the target of these blasts. The bomb blasts were accompanied by explosion of hand grenades in sensitive areas intended to incite communal violence which caused riot in certain areas. These incidents were a part of carefully planned strategy calculated to terrorise the Governments in the State as well as at the Centre and to incite communal violence.
(3.) It was during the investigation into these crimes that respondent Abdul Hamid was arrested on 18-4-1993. It is alleged that on the same day soon after his arrest, the respondent gave information which led to discovery of six Chines AK-56 rifles and twelve magazines kept concealed in a gunny bag buried three-and-a-half feet deep in the compound of Picnic Guest House behind new New Juhu Grand Hotel, Bombay, which the respondent dug out from that place and handed over to the police. It is alleged that a large number of such rifles were smuggled into the country through the Porbunder Port along with other explosives, arms and ammunition, as a part of the conspiracy to create countrywide unrest and terror of which the Bombay bomb blasts were a part. In substance, this is the allegation against the persons named as accused, including respondent Abdul Hamid, in the charge-sheet dated 4-11-1993 filed in the Designated Court for trial of the accused persons for commission of offences under the TADA Act.