FAISAL ATAUR RAHEMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application, the Applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of his Appeal.

(2.) The case of the prosecution in short is that on 8/5/2006, a secret information was received by the DCP, ATS Mumbai that, a large quantity of arms and explosives would be transported in Marathwada region. In furtherance of the information received, the ATS have intercepted one Tata Sumo vehicle on 9/5/2006 at 8:30 p.m. Accused No.1-Amer was brought to Khultabad Police Station where the accused No.1 disclosed that the boxes in the vehicle contained arms and ammunition along with explosives i.e. AK 47 rifles, 40 magazines, 200 live cartridges and 30 kg explosives. Upon recovery of the arms and explosives, ATS P.I. Deshmukh registered Crime No.3 of 2006 at ATS Police Station, Mumbai under Sec. 4 and 5 of the Explosive Substances Act, 1908 read with Sec. 5, 6 and 9B of the Explosives Act, 1884, read with Sec. 3 and 25 of the Arms Act 1959, read with Sec. 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 ('UAPA').

(3.) Dr. Yug Mohit Chaudhry, learned advocate for the Applicant submits that the Applicant was arrested on 27/7/2006 in C.R. No.77 of 2006 in the Mumbai Train Blast Case. While in the custody of the ATS, Mumbai in the Train Blast case on 24/8/2006, the Applicant was interrogated by Mr. Arvind Kumar Singh, Assistant Director, Enforcement Directorate, under Sec. 37 of Foreign Exchange Management Act, 1999 (FEMA) and his confession was recorded. Similarly, his confession was also recorded on 5/10/2006 by DCP Brijesh Kumar Singh under Sec. 18 of MCOCA in the Train Blast case.