KHALID MEHMOOD Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner, Khalid Mehmood has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against the judgment dated 24.09.1996 passed by learned Designated Court No.III, Karkardooma Courts, Delhi whereby the petitioner was convicted for the offences under Sections 3(1), 3(3), 5, 3(5) of The Terrorist and Disruptive Activities (Prevention ) Act, 1987 (hereinafter referred to as "TADA") Vide order on sentence dated 25.09.1996 the petitioner was sentenced to undergo life imprisonment under Sections 3(1) and 3(3) of TADA with a fine of Rs.1.00 lakh (Rupees one lakh) and in case of default of payment of fine, the petitioner was to undergo further imprisonment for three years and under Section 5 of TADA with a fine of Rs.50,000/- (Rupees fifty thousand) and in default of payment of fine, the petitioner was to further undergo rigorous imprisonment for 11/2 years and further sentenced to undergo life imprisonment under Section 3(5) of TADA and to pay a fine of Rs.1.00 lakh (Rupees one lakh) and in case of default of payment of fine, the petitioner was to further undergo rigorous imprisonment for three years. All the sentences were ordered to run concurrently and the benefit of Section 428 of Cr.P.C. was given to the petitioner.

(2.) Shorn off unnecessary details, the facts of the case are that one accused, Mehfooz Ali, son of Mehmood Ali, a Pakistan National was accused in FIR No.30/1994, P.S. Model Town. During interrogation, the accused made disclosure statement about other terrorists who had infiltrated into India across the border with the intention to spread terrorism. On the information disclosed by accused, Mehfooz Ali, a raid was conducted on the premises where Pakistan trained other terrorists were found. The other accused persons namely, Amjad Ali Mugal @ Mohammad Bilal, Khalid Mehmood (the petitioner herein) and Chand Mian were arrested by the police in the raid conducted at Dayal Pur premises near Bhajanpura, Delhi and large quantity of arms and ammunitions and explosives were recovered from the premises. During the raid, one of the accused namely, Amjad Ali @ Bilal tried to encounter the police party and he fired a round towards the police but was overpowered. The arms and ammunitions recovered from the premises of these three persons included 126 explosive sticks weighing approximately 16 kg 200 gms., two live hand grenades HA-36, 7 detonators. One foreign made pistol with four live cartridges loaded in it, was recovered from accused, Amjad Ali. The hand grenades were defused with the help of Bomb Disposal Squad and thereafter, hand grenades and other arms and ammunitions were sealed by the police. The other accused namely, Mohammad Ali Azmi was arrested after the disclosure statement made by three other accused persons and he was also found in possession of the incriminating documents concerning his relations with Pakistan and JKLF.

(3.) The petitioner along with co-accused persons namely, Amjad Ali and Mohammad Ali Azmi were tried for the offences under Sections 3(3), 3(5) and 5 of TADA. After completion of trial, the petitioner was convicted for the offences under Sections 3(1), 3(3), 3(5) and 5 of TADA vide judgment dated 24.9.1996 and order on sentence dated 25.9.1996 was passed by learned Designated Court, Karkardooma Courts, Delhi.