STATE Vs. PARVEZ AHMED RADOO @ RAJU@TAHIR

JUDGEMENT

(1.) The State is aggrieved by the judgment dated June 06, 2013 acquitting Parvez Ahmed Radoo @ Raju @ Tahir the respondent herein for the offences punishable under Sections 4 and 5 of the Explosives Act, 1884 (ES Act) and under Sections 17/18/20/23 of the Unlawful Activities (Prevention) Act (UAP Act).

(2.) The prosecution alleges that Parvez was apprehended on October 14, 2006 near Azadpur Fruit market having strolley bag which contained brown granulated oil based explosive weighing 3 kg and Rs. 10 lakhs besides the electronic detonator and timer.

(3.) Learned counsel for the State submits that the charges for the aforementioned offences stand proved against Parvez from the testimony of the witnesses, who made the recoveries from the bag. Further the account maintained by Parvez wherein Rs. 10 lakhs were found to be transferred in short span would also lead to the conclusion that Parvez was in possession of hawala money meant for unlawful activities and the consignment and cash recovered at his instance was meant to be delivered to another accused for spreading terror and unlawful activities in Delhi and J&K. Since the other person, who was to take the delivery from Parvez could not be apprehended, the same would not lead to the inference that the charge against Parvez has not been proved.