ABDUL BAKI MANDAL Vs. STATE

JUDGEMENT

(1.) THE instant appeal is being filed against the impugned judgment dated 27.04.2009 whereby the appellant was held guilty and convicted for the offence punishable under Section 20 Unlawful Activity (Prevention) Act, 1967 (hereinafter referred as to the 'said Act'). Vide order on sentence dated 27.04.2009 he was sentenced to undergo for a period of 07 years and to pay a fine of Rs.1000/ - under Section 20 of the said Act. In default of payment of fine he shall undergo one month simple imprisonment. Benefit of Section 428 Cr.P.C. has been extended to appellant.

(2.) IN brief, the case of the prosecution is that in the month of July, 2005 there was a 'Fidayeen' Attack by militants at Ram Janam Bhumi -Babri Masjid site in Ayodhaya in which five militants were gunned down by the Security Forces. One mobile phone was recovered from the possession of one of the deceased militant. To work out the conspiracy and the outfits involved in the 'Fidayeen' attack, a team was constituted. From the scanning of the data and its subsequent analysis, it was revealed that the terrorists involved in the Ayodhaya attack had also set up their base in Delhi. To further develop this information, sources were deployed in Delhi and Jammu Kashmir to unearth this conspiracy, through the technical surveillance and scanning of data, it was revealed that the Fidayeen Attack on Ayodhyaya was the handiwork of the banned terrorists outfit Jaish -e -Mohammad (hereinafter referred as 'JeM') and was using Delhi as a transit point between Bangladesh and Jammu -Kashmir and had also set up their module in Delhi and this module had provided shelter to many terrorists of Jaish -e -Mohammed who were involved in terrorist attack in India.

(3.) THEREAFTER , a team, under the supervision of ACP Sanjeet Kumar Yadav headed by Inspector Badrish Dutt consisting of Inspector Mohan Chand Sharma, SI Sanjay Dutt, SI Vijay Tyagi, SI Rakesh Malik, SI Pawan Kumar, ASI Vikram, SI Rajpal Dabas, ASI Shahjahan and constables, was formed. After ascertaining the time of arrival of Purva Express at New Delhi Railway Station, the raiding party left for New Delhi Railway Station and the team members were deployed on Ajmeri Gate side as well as Pahar Ganj side as the train was to arrive at Platform No. 6.