K. M. ABDULLA Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The consequence of violation of the oath of 'Omerta', in Indian settings, is the case projected by the prosecution. The deceased an active participant in a smuggling operation turned informer leading to the seizure of a huge cache of contraband. The Directorate of Revenue Intelligence [DRI] rewarded him for the seizure effected with a hefty sum, which prize he could not enjoy since the price of betrayal was, his very life.

(2.) The story, rivalling the movies commenced with the deceased-Hamza and PW41, turning informers and in retaliation the former being shot dead. The investigation changed hands from the local police to the Crime Branch and ended with the Central Bureau of Investigation [CBI] filing a final report arraying 19 accused. Three turned approvers, eight were absconding and eight stood trial in which six were convicted and two acquitted. The appellant herein originally arrayed as A2, was arrested in Bombay in a narcotics case, from where he was brought to Kerala for production before the CJM. He jumped custody but was again arrested by the Sree Lankan Police, consequent to which he was brought for trial before the Special Court.

(3.) The story unfolding is that one A.P. Abdurahiman @ Pakistan Abdurahiman (A1), a close relative of the deceased-Hamza, was running a smuggling operation in which Hamza and PW41 were also active members. In 1989 there arose disputes with respect to remuneration, given to the transporters, which led to Hamza & PW41 turning informants. Two tips given to DRI Officials turned futile but the third ended in the seizure of 16 jackets, each with 100 gold bars, being seized by the DRI officials at the Thalappady Check Post on 12/2/1989. The detention and seizure of the contraband being on the information supplied by Hamza and PW41, they were entitled to a reward of Rs.93.00 lakhs, the first installment of which was received in the life time of Hamza. On 29/4/1989 Hamza who was travelling in a Maruti car was waylaid and shot dead by his former associates and hired assassins. The assailants came to the scene of occurrence in two vehicles, a Fiat car and a Jeep. The victim, in the driver's seat of a Maruti car, was shot multiple times, injuring him grievously, resulting in his death.