STATE Vs. DAWOOD IBRAHIM KASKAR

JUDGEMENT

(1.) The principal question that is required to be answered in these appeals is when and under what circumstances a Court can invoke the provisions of Section 73 of the Code of Criminal Procedure, 1973 ('Code' for short). The question arises in this way.

(2.) A few days thereafter - on November 11, 1993, to be precise - the Government of India, with the consent of the Government of Maharashtra, issued a notification entrusting further investigation in the above cases to Delhi Special Police Establishment (CBI) under the provisions of Section 5 of the Delhi Special Police Establishment Act, 1946. Pursuant thereto CBI registered a case being No. R. C. 1(5)/93/S. T. F. Bombay on November 19, 1993 and took up further investigation with permission of the Designated Court.

(3.) In course of such investigation CBI apprehended Mohd. Salim Mira Moiuddin Shaikh alias Salim Kutta, one of the absconders mentioned in the charge-sheet, on July 24, 1993. He made a confessional statement before Shri S. K. Saikia, Deputy Inspector General of Police, CID, Ahmedabad, which was recorded by him on August 18 and 19, 1995, under Section 15 of TADA. In that confession he disclosed that the respondent Nos. 2 to 7 herein (hereinafter referred to as the 'respondents') had taken active part in the criminal conspiracy which was the subject matter of B. B. C. No. 1 of 1993. Thereafter on May 22, 1996, the CBI moved an application before the Designated Court (Misc. Application No. 201 of 1996) wherein it stated that following the disclosure of the involvement of the respondents in the offences in questions, raids had been conducted and their known hideouts to arrest them but none could be apprehended in spite of best efforts as they were deliberately evading their arrest to escape the clutches of law, and accordingly, prayed for issuance of non-bailable warrants of arrest against them to initiate further proceedings in the matter to apprehend them and/or to take further action to declare them as proclaimed offenders. Two other applications (Misc. Application Nos. 210 and 211 of 1996) were thereafter moved on June 3, 1996 for publication of written proclamations under Section 8(3) (a) of TADA as also for issuance of open dated non-bailable warrants of arrest so that 'Red Corner Notices' might be issued against them. According to CBI such notices are required to be got issued by INTERPOL to seek police assistance in a foreign country to locate and apprehend fugitives.