MOHD AKBAR BUTT Vs. STATE OF DELHI

JUDGEMENT

(1.) These two appeals have been preferred against the judgment of conviction dated 03-06-2003 passed by the Additional Sessions Judge, Delhi whereby the three appellants have been convicted under Section 6 of the Explosive Substances Act,1908 and appellant Mohd. Akbar Butt has also been convicted under Section 4 read with Section 5 of the said Act of 1908(hereinafter referred to as 'the Act of 1908') and the order dated 07-07-2003 whereby life imprisonment has been imposed upon the appellant Mohd. Akbar Butt besides fine of Rs. 25,000/-, in default three years RI for his conviction under Section 4 read with Section 5 and 10 years rigorous imprisonment has been awarded to all the three appellants and fine of Rs. 20,000/- each, in default two years' RI for their conviction under Section 6. Since both the appeals arise out of the same judgment and were heard also analogously the same are being disposed of by this common judgment.

(2.) The case of the prosecution is as follows:- On 30-8-99 a secret information was received by the Operation Cell, Special Branch of Delhi Police at Lodhi Colony that some Kashmiri militants were staying in a Guest House in Jama Masjid area with explosive material and that they were making plan to cause explosions during the elections in Delhi. On receipt of that information, which was recorded as DD No. 4 in the roznamcha, SI Brahmjeet (PW-8) was deputed to verify that information. He found out that at about 6 p.m. one Kashmiri militant would deliver some explosive substance to someone near the board of National Zoological Park, Mathura Road, New Delhi. As per further prosecution case a police party headed by Inspector Tej Singh Verma (PW-12) along with the secret informer reached near Zoological Park at about 5.45 p.m. and asked some passers-by to join the proceedings but none agreed. At about 6.15 p.m. one person (appellant Mohd. Akbar Butt) was seen coming from the side of Pragati Maidan carrying a blue bag. The secret informer told the police that he was the person who would be carrying explosive material. Accused - appellant Mohd. Akbar Butt stood on the pavement near the board of National Zoological Park and started waiting for someone. However, when nobody came till 7 p.m. he started moving and at that time the police overpowered him and on enquiry his name came to be known as Mohd. Akbar Butt @ Gazali s/o Jorawar Butt. His bag on checking was found to contain ten packets of RDX (a special category of explosive substance) weighing 10.650 kgs. along with two timer pencils. That bag also contained a wireless set made in Japan of ICOM make and some nails weighing 1kg. Out of that recovered RDX 200 gms. was taken out separately as a sample and sealed with the seal of "TSV". The bag and other articles found therein including remaining quantity of RDX were also separately sealed. CFSL form was filled up by Inspector Tej Singh(PW-12) at the spot itself. On enquiry Mohd. Akbar Butt disclosed that he was the District Commander of terrorist outfit Harkat-Ul-Ansar and he had brought explosive material to Delhi at the instance of ISI agency of Pakistan to create disturbances in the election in Order to dethrone the Indian Government. Then Inspector Tej Singh sent a rukka(Ex.PW-9/A) to the police station for registration of a case on the basis of which an FIR u/s 3/4/5 of the Act of 1908 and also under Sections 120-B/121/121- A/122/123/124-A IPC was registered at police station Hazrat Nizamuddin on the same day at 10.15 p.m.

(3.) Further investigation was entrusted to Sub-Inspector Brahmjit(PW-8) who also reached the National Zoological Park and there he formally arrested accused - appellant Mohd. Akbar Butt. During the personal search of this accused his identity card (Ex.PW-5/PB) which was in the name of Mohd. Latifwas found. Some slips of a PCO booth showing the calls made to Pakistan and a bus ticket(Ex,PW-6PA) for two showing that two persons came to Delhi from Jammu on bus No. DL-1P-3193 were also recovered from the possession of Mohd. Akbar Butt. Pursuant to the information given by Mohd. Akbar Butt regarding the presence of his associate Shahnawaj Latif(appellant No. 1 in Crl. A.No. 552/03) in a Guest House in Jama Masjid and Rs. two lacs the police party along with Mohd. Akbar Butt went to Asian Guest House in Jama Masjid in room No. 6 on the first floor accused-appellant Shahnawaz Latif was found. A polythene bag containing Rs. 2 lakhs was recovered from under the mattress and pillow lying on a bed in that room. Investigating officer initialled the recovered currency notes and sealed the same. He also seized extracts from the hotel register show ing the stay of these two accused there. The same are Ex. PW-2/A & 2/13 Accused Shahnawaz Latif was arrested.