SAUKATULLAH GHORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr.Panchal, learned Special Public Prosecutor appears for State and waives service of notice.

(2.) The present appeal is directed against the order dated 25.02.2010 passed by the learned Special Judge, POTA below application Exh.21 in POTA Case No.2/09, whereby the application to array two persons, viz., Afsak Abdullabhai Bhavnagar and Jalalbhai Ismailbhai Patel, as accused has been dismissed.

(3.) Concerning to the facts of the present case, it appears to us that the same would not be much relevant since the charge is yet to be framed and the matter has arisen before this Court upon the order passed by the learned Special Judge on account of the application, Exh.21 submitted by the appellant herein. However, it may be recorded that the application was submitted by the present appellant under Section 29(1) of the Prevention of Terrorism Act, 2002 (hereinafter referred to as "POTA") read with section 190 of the Cr.PC to join witness No.136 Afsak Abdullabhai Bhavnagar and witness No.141 Jalalbhai Ismailbhai Patel, as accused. The basis of the present application as stated by the applicant was that in the confessional statement recorded under section 164 of the Cr.PC, it has come out that both witnesses had played role in alleged activity to the extent of raising and providing fund and as per the appellant herein, they played active role, therefore they should be arrayed as accused in the present case. The learned Judge heard the application and ultimately, passed the impugned order and reasons recorded by the learned Special Judge for rejection of the application for ready reference in the impugned order at para 4 can be extracted as under: