AKMAL AHMAD Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellant has two passports, one issued by the authorities in India and the other by Pakistan authorities. When he was caught and searched at the New Delhi Railway Station a revolver studded with live cartridges was recovered from him. He was charged and tried for offences under Section 12 of the Passport Act, 1967 and under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (for short 'the TADAA'). The Designated Court, before which he was tried, convicted him of the said offences and sentenced him to imprisonment for three months on the first count and for 5 years on the second count. This is his appeal under Section 19 of the TADAA.

(2.) Facts are two simple for narration. On 13-3-1990, the Sub-Inspector of Police, Sultanpuri (Delhi) had source information that two persons carrying lethal weapons were on the move towards New Delhi Railway Station. He immediately organised a raiding party and waited near the gate of the Railway Station. Around noon appellant was spotted as the suspected person while he was stepping out of Railway Station with a suitcase and a handbag. He was intercepted and on being questioned he revealed his name as Sheik Mohammad Irfan, resident at Karachi in Pakistan. When his handbag was searched a revolver (0.32 bore) loaded with 6 live cartridges was found out. They were seized and sealed.

(3.) When he was asked to produce the travel documents he produced Ext. P-3 - Passport (issued by Pakistan authorities). The photo of the appellant was affixed in the passport as its holder and the name is shown as "S. M. Irfan". When he was subjected to further interrogation he brought out another passport from a coat which was kept in the suitcase. That passport showed that it was issued from New Delhi and the photo of the appellant was affixed therein. The name of the passport holder was shown as "K. M. Akmal Ahmad", resident of Kolar District in Karnataka. That passport was marked as Ext. P-4 in this case.