NARENDRA GOVIND MANGELA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) ON November 20, 1991 at about 2. 30 A. M. police party attached to Virar police station Proceeded towards Kopari to arrest some of the absonding accused in respect of a crime registered under section 302 read with section 34 of the Indian Penal Code. The police party could not trace the suspects and while returning noticed three persons standing in dark on Narangi Road. On being intercepted, all the three started running away, but the police chased them and on search found that the petitioner Narendra Govind Mangela was carrying a country revolver and three live catridges in a rexin cloth pouch. The pouch was found on the person of the petitioner. The petitioner could not disclose any authority to possess the revolver. The police then brought the petitioner and his two associates to the police station and filed F. I. R. and registered till November 26, 1990. The application made by the petitioner for being released on bail was turned down by the Magistrate. The Judicial Magistrate set free the other two associates of the petitioner as the investigation did not disclose any incriminating material against them.

(2.) THE petitioner moved the Second Additional Sessions Judge, Thane for release on bail by filing Criminal Bail Application No. 1454 of 1990. At the hearing of the application, the Public Prosecutor informed the Additional Sessions Judge that the Investigating Officer has invoked provisions of the Terrorist and Distruptive Activities (Prevention) Act, 1987 ( hereinafter referred to as "the Act") and offence under section 5 of the Act is registered. The Additional Sessions Judge thereupon observed that jurisdiction of the Court stands ousted by virtue of section 11 of the Act and rejected the bail application by order dated January 4, 1991. The petitioner thereupon filed Criminal Writ petition No. 75 of 1991 challenging the constitutional validity of section 5 and section 2 (f) of the Act and sought quashing of the registration of offence under section 5 of the Act in respect of crime registered at Virar Police Station and the petitioner having been found in possession of unauthorised revolver. The Petitioner also sought relief of release on bail. The petition was admitted on February 14, 1991, but bail was not granted. The petitioner thereupon filed separate application, being released on bail, and on that application the Division Bench of this Court directed that the petitioner should approach the Designated Court and the Designated Court and the Designated Court should consider whether the provisions of the Act are attracted and then pass suitable orders, in accordance with law. In accordance with the directions, the petitioner approached Judge, Designated Court, Pune by filing Application (Exhibit 1) in Terrorist Criminal Miscellaneous Application No. 7 of 1991. The application for bail was rejected by order dated April 10, 1991 after the designated Court recorded finding that there are reasonable grounds for believing that the petitioner is guilty of offence under section 5 of the Act. The petitioner thereupon filed Criminal Writ Petition No. 75 of 1991. Both Criminal Writ Petition No. 75 of 1991 and criminal Application No. 1464 of 1991 are disposed of by this judgement.

(3.) THE principal grievance of the petitioner is registering of offence under section 5 of the Act, and the first attack is to the constitutional validity of provisions of section 5 of the Act and section 2