LUTHFUR RAHMAN ALIAS HAROON Vs. STATE

JUDGEMENT

(1.) By the impugned order dated 16th Feb., 2010, Mohd. Ameen Wani and Luthfur Rahman stand convicted in the chargesheet arising out of FIR No.2/2007, P.S. Special Cell, Lodhi Road. They have been sentenced to undergo imprisonment and fine by order dated 10th March, 2010, for the following offences: Mohd. Ameen Wani alias Khalid

(2.) Luthfur Rahman is a Bangladeshi national and accepts and does not challenge his conviction and sentence under Sec. 14 of the Foreigners Act, 1946.

(3.) The prosecution case in a nutshell is that the two appellants were members of the banned terrorist organization Harkat-ul-Jehad-e-Islami ("HUJI", for short). Mohd. Ameen Wani was detained near Adarsh Nagar bus stand at about 2:50 PM on 4th Jan., 2007 and was found to be in possession of INR 4,50,000.00 which were seized vide Memo, Ex.PW1/A. Upon interrogation, his disclosure statement, Ex.PW2/C was recorded on 4th Jan., 2007. Acting on the disclosure statement, Luthfur Rahman was arrested at about 9:15 PM on the same day, i.e. 4th Jan., 2007 from outside the Dargah, near Bawri Gate, Nizamuddin, New Delhi, causing recovery of 1.610 kg of explosives, two non-electric detonators, a black coloured timing device and four pencil cells seized vide seizure memo Ex.PW2/D.