THANMAL JUHARMAL JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By instant appeal under Section 34 (4) of the Prevention of Terrorism Act, 2002 ('POTA' for short), the appellant/original accused No.5 seeks to challenge the order dated 15.9.2006 recorded below application Ex.227 in Special POTA Case Nos.3 and 5 of 2004 by the learned Special Judge, POTA, Ahmedabad, by which the application filed by the appellant original accused No.5 under Section 227 of the Code of Criminal Procedure ('the Code' for short) for discharge, in connection with CR No.I-11/2003 registered at the DCB Crime Branch Police Station, Ahmedabad, has been rejected. It is, therefore, prayed to quash and set aside the said order and he be discharged from the proceeding of Special Case No.3/2004 (Special POTA Case) from the Court of learned Special Judge (POTA), Ahmedabad and after perusing the contents of the application, the FIR and the charge, relieve the appellant from the charges framed under the POTA Act.

(2.) The brief facts of the prosecution case, as per the averments made in the FIR lodged by the Police Inspector, DCB Crime Branch Police Station, Ahmedabad and also pursuant to the investigation carried out by the investigating agency, are as under:

(3.) In pursuance of the above conspiracy, one of the arrested accused sent lakhs of rupees to his son, who is also arrested, and other absconding accused which was given to him by Mohammad alias Azhar alias Raval, a Lashkar-e-Toiba operator/agent to spread the terrorist activities in India, particularly, in Gujarat. This huge amount pumped into India through illegal Hawala transactions. Firstly the amount was deposited with "Abdul Latif Money Exchange" of Dubai, managed by absconding accused Aslambapu and satarbapu, who, in turn, instructed and directed the operators and partners of Patel On-line, a Mumbai based angadia firm, having its offices at Ahmedabad, Rajkot, Surat, etc., to provide and deliver the amount to the arrested and other absconding accused which was to be used for terrorist activities. Patel On-line Services is having illegal hawala transactions and running it through hawala operators. The appellant Thanmal Jain, having contact with one Hafajaji, on his instance and direction, said accused deposited amount in "Bharat Account" with Patel On-line Services, Mumbai which in turn delivered to arrested accused as well as absconding accused for the purpose of terrorist activities. This amount was deposited with Bharat Account with Patel On-line Services, Mumbai at the instance and direction of Hafajaji based at Dubai, who is having illegal hawala business with Patel On-line Services. The partners and operators of Patel On-line Services had delivered the amount deposited in Bharat Account by Hafajaji through the appellant, Thanmal Jain (Hawala Operator) to arrested as well as absconding accused for terrorist activities.