CHOTU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 21(4) of the National Investigation Agency Act, 2008. The appellant-original accused No.9 was arrested on 21/8/2022 in Crime No.02/2022, registered with Sub-Police Station, Dhamracha, Tq. Ahiri, District Gadchiroli for the offences punishable under Ss. 13, 18, 20, 23 and 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAP Act' for short), Ss. 6 and 9 (b) of the Explosives Act, 1884, Ss. 4 and 5 of the Explosive Substances Act, 1908 and Ss. 34 and 120-B of the Indian Penal Code, 1860.

(2.) The First Information Report indicates that on 19/02/2022, Incharge Police Station, Sachin Ghodke, had received secret information that the persons named; Raju Gopal Salla and Mohd. Kasim Shadulla s/o of Mohd. Kasim, both residents of Karimnagar, have procured explosives for the banned organization CPI (Maoist) to overthrow the constitutionally formed democratic Government and have kept the said explosive substances at Mouja Bhangarampetha in the dwelling house of Kashinath alias Ravi Mulla Gawde, Sadhu Lacchu Talandi and Chhotu alias Shinu Mulla Gawde.

(3.) The aforesaid information was shared with the Superintendent of Police, Additional Superintendent of Police, Gadchiroli and Sub Divisional Police Superintendent, Jimalgatta. The police party along with panchas then, under the supervision of the aforesaid officers, entered the deep forest and reached the house of Sadhu Laccha Talandi. The informant police officer called Sadhu and in response, four persons came out of the house. Their names were Sadhu, Kashinath, Raju and Mohd. Kasim Shadulla. Thereafter, house search was conducted in the presence of panchas. Incriminating material including Naxal pamphlets, banners, FM Transceiver, battery, cortex wires, etc. was found in the house. On interrogation, four persons informed police that those materials were procured for sabotaging the police party with the motive to commit anti- national activity. It is then stated that the name of the appellant and one other person was disclosed by accused persons. The investigating officer then recorded statements of witnesses. Appellant-accused was arrested and at his instance, gelatin sticks used for explosion came to be recovered. It was revealed that the appellant used to supply the gelatin sticks to the co-accused for carrying out explosions.