STATE Vs. IRSHAD AHMED MALIK

JUDGEMENT

(1.) THE State seeks leave to file an Appeal against the judgment dated 08.11.2011 passed by the learned Sessions Judge in Sessions Case No.04/2009 whereby Irshad Ahmed Malik (the Respondent) was acquitted of the charges under Section 25 of the Arms Act and under Sections 121/121A/122/123/120B Indian Penal Code (IPC).

(2.) IN brief, the case of the prosecution is that in the first week of March, 2004 a secret information was received through Central INtelligence Agency that one Kahsmiri youth Irshad Ahmed belonging to the militant outfit Lashkar-e-Taiba (LeT) has been visiting Delhi for collecting funds for his terrorist organization through Hawala. He was trying to establish his base in Delhi. The information was developed. Ultimately, on 27.03.2004 at about 3:00 P.M. specific information was received in the office of Special Cell that the Respondent would come and stay in ,,Rajdhani Guest House, Bhogal and that he was carrying some weapons with him.

(3.) THE Respondent was brought to the Special Cell office at Lodhi Colony. On interrogation he made a disclosure statement Ex.PW-1/F giving various details of his activities being a member of Lashkar-e-Taiba. He disclosed that one AK47 rifle, a Fidayeen belt with two hand grenades, a wireless set and four magazines (AK47 rifle) had been concealed by him near river Tavi at Jammu and one AK47 rifle has been given to Master Ali and that he could get these arms recovered from there. On the basis of the disclosure statement given by the Respondent, the offences under THE Prevention of Terrorism Act, 2002 (POTA) were added and further investigation was taken up by ACP Rajbir Singh.