DEVENDER JIT SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANTS Devinderjeet Singh @ Kukoo son of Budh Singh, Iqbal son of Ajmer singh and Satyapal Singh @ Binto son of Manjit Singh, were the accused in FIR no. 248/1987 under Section 3 (3) and under Section 4 (3) of the Terrorists and disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA act), pertaining to an incident of 28th May, 1987.

(2.) THE factual backdrop of this case is as follows :-

(3.) THE crux of the prosecution case is that at about 6. 00 p. m. on 28th May, 1987, Inspector Sham Lal with his patrolling team were on patrolling duty in the paschim Vihar area and Sub Inspector Kulwant Singh received a secret information that some persons would come from Tilak Nagar side to Nazafgarh Bridge and they are carrying explosives to cause harm to the VIPs. On that day, at about 6. 30 pm a raiding party was organised and a trap was laid near Nazafgarh drain and at about 7. 30 p. m. Sub Inspector Kulwant Singh spotted three persons who were suspected to be carrying explosives etc. and in the meanwhile, Sub Inspector Bal kishan, Incharge Police Post Madi Pur with his team also came there while patrolling. Appellant Iqbal Singh was apprehended by Sub Inspector Kulwant singh and appellant Satpal was apprehended by Sub Inspector Bal Kishan and one loaded country made pistol was recovered from the right dub of the pant of appellant Satpal and one live cartridge was also recovered from the left pocket of his pant. Two bombs like objects were recovered from the bag which was hanging on the shoulder of appellant Satpal. Appellant Iqbal disclosed that appellant Gurinder was going to leave his house for causing harm to some VIP and accordingly Inspector Sham Lal went to the house of appellant Gurinder and on seeing the police, he tried to flee away but he was nabbed and from his cloth bag one country made pistol and six live cartridges and one gas bomb which was tied with string (sutli) and three hand grenades were recovered and were sealed into a parcel and were seized. Appellant Gurinder made a disclosure statement and the FIR regarding the above said recoveries was registered.